Additional Resources RECENT COURT VICTORIES OUR FLORIDA LOCATIONS CAN I GET MY D/L BACK? ABOUT THE BREATH MACHINE HOW STRONG IS YOUR CASE? CONTACT US ABOUT YOUR DUI CASE :: RECENT COURT VICTORIES Court Victories To protect our clients privacy, incomplete case numbers are provided. County Date Case # Charge   01/31/2012 20XXCTXX44XXXAXX NO CONVICTION AS CHARGED DUI The Defendant was seen by an off duty Cocounut Creek Police Department Officer traveling over 100 mph, passing on the shoulder, tailgating other vehicles and causing others to take evasive actions by braking and swerving on the road. The Defendant almost caused several crashes on the Florida Turnpike. When the Florida Highway Patrol officer got a visual on the vehicle, it was traveling within ¼ car length behind another car. Another trooper clocked the Defendant at 100 mph as he passed him. After being stopped, the Defendant was unsteady on his feet and used his door to keep his balance. He was arrested for Reckless Driving and while speaking to him, the Trooper noticed an odor of alcohol and his eyes were bloodshot, glassy and watery. His speech was slurred and mumbled and his face appeared to be flushed. The Defendant stated he had no alcohol in the truck, just Gatorade. After being told he smelled alcohol, the Defendant denied having anything to drink. During the roadside tasks, the Defendant stepped off the line several times, raising his arms and almost falling over on 5 occasions. During the one leg stand, the Defendant started hopping all over the street and mixed up the numbers while counting. After being taken to the breath facility, the Defendant refused a breath sample after being told his license and commercial drivers license would be revoked for one year. Additionally, he argued for almost 15 minutes about whether he should take the test. The Firm pointed out to the State that the Officer did not read the Defendant his Miranda warnings after being immediately handcuffed on scene and thus none of the statements made by the Defendant would be admissible. After pointing out that fact and other problems with the case, the State agreed to dismiss the charges for Driving Under the Influence.   01/30/2012 201XXX-XXT-14XX8 NO CONVICTION AS CHARGED DUI The defendant was seen speeding down the road with a flat tire. As she passed the officer, she lost control and spun around twice. She then continued to drive and hit a tree and some shrubs. The officer pulled up and turned on his lights and siren. The defendant exited the vehicle and asked why she was being stopped. She was placed in handcuffs until a second officer arrived. At that time, she was let out of the police car. She attempted to fight the second officer and fell to the ground. She smelled of alcohol and was arrested for DUI. She refused all tests and demanded to be taken home. She was then transported to jail. The State dropped the case on the day of trial.   01/26/2012 1XXXX67XXXM10A NO CONVICTION AS CHARGED DUI The Defendant was pulled over for going 70 MPH in a marked 40 MPH zone. The Defendant was weaving in and out of traffic in order to pass other vehicles, and he also went over the lane marker in the center lane. Upon coming into contact with the Defendant, the police officer noticed that his face was flush, his eyes bloodshot and his breath smelled of alcohol. He admitted to drinking a few beers at a strip club. When he got out of his vehicle, the Defendant was very unsteady on his feet. The Defendant was asked to perform roadside exercises. According to the officer, he performed poorly on all of the exercises. The police requested a breath test, and the Defendant refused. The attorney for the firm investigated the case thoroughly, and after numerous discussions with the state attorney, the DUI was dropped.   01/25/2012 20XXXCTXXX2513 NO CONVICTION AS CHARGED Driving While License Suspended The defendant was charged with driving on a suspended license with knowledge due to a pending DUI charge. Upon meeting with the firm’s attorney, the defendant was adamant that although she knew she had a pending DUI charge, she was unaware that her license was suspended from it. When the State would not back down from seeking a 45 day jail sentence, the firm’s attorney took the case to trial. During trial, counsel cross examined the arresting officers of both the suspended license charge and the pending DUI charge. Despite the State’s efforts to claim the Defendant must have had knowledge, counsel persuaded the Judge otherwise. Our client was found NOT GUILTY and was completely acquitted of all charges.   01/11/2012 20XXCTXXXX150AXX NO CONVICTION AS CHARGED Driving Under the Influence Causing or Contributing Damage to Person or Property The Defendant was driving over 100 miles per hour on I-95 swerving and driving erratically. The Defendant sped by one vehicle and stuck her middle finger up at the witness. The Defendant then crashed into a vehicle sending it into a concrete wall and into another vehicle. When the officer arrived he smelled an odor of alcohol coming from the Defendant as well as watery eyes and low, slurred speech. She was shaking very heavily on scene and vomited on three separate occasions in front of the officer. The Defendant agreed to perform roadsides and admitted to drinking a Corona. She performed poorly on roadside exercises and was arrested. The Defendant was brought to jail and taken to the breath alcohol testing facility where she was placed on camera. The video depicts the Defendant immediately vomiting into a garbage can. After consenting to a breath, the results showed a .062 and .064 alcohol level. She refused to submit to a urine sample after being requested to do so by the officer. The Firm was hired regarding the officer’s charging the Defendant with Driving Under the Influence. Based upon the low breath reading and the urine refusal along with problems with the BAT video, the charges for Driving Under the Influence were not filed by the State of Florida.   01/10/2012 20XXCTXXX52X4AXX NO CONVICTION AS CHARGED DUI The Defendant was clocked going 101 mph in a 70 mph zone. The Defendant stopped and fumbled for his wallet and handed the officer a rental agreement for the car instead of the license as requested. He was in a good mood and extremely friendly. The officer noticed a strong odor of alcohol on the defendant’s breath, glassy watery eyes, dry mouth and his speech was thick tongued. He was unsteady on his feet and swayed from side to side. He seemed to be rambling and asked to be let go and to be given a break. He was unable to stand heel to toe and lost his balance during the walk and turn. He could not keep his leg up for more than 7 seconds and used his arms to balance himself on the one leg stand. Additionally, he performed poorly on the finger to nose task. The Defendant was arrested and asked to submit to a sample of his breath at the jail. After multiple attempts, he would not properly blow into the breath machine and the officer declared his inability to give a sample a refusal. He admitted to drinking four beers during the evening when being questioned by the officer. The Firm pointed out numerous problem areas to the State Attorney’s Office including the fact that the video did not depict a person who was impaired in addition to the fact that the roadsides were not captured on video. On the day of trial, the State dismissed the charge for Driving Under the Influence.   01/09/2012 20XXCXXX12XX2AXX NO CONVICTION AS CHARGED Driving Under the Influence and Causing or Contributing Damage to Person or Property The Defendant pulled into a gas station at approximately 25 mph and crashed into a legally parked vehicle. After stepping out of the car and going inside the gas station, the police were called. The officer noticed that the defendant had red, glossy, droopy eyes and was unsteady on her feet. She had an odor of alcohol coming from her breath and admitted to drinking 2 vodka tonics hours ago. Her speech was slow and slurred. During roadside tasks the defendant stepped off the line, missed heel to toe several times and stopped to steady her self. Additionally, during the one leg stand task, she used her arms to balance and her legs were trembling to try to keep her balance. She could not recite the alphabet correctly and had to pause 5 times during the task. The officer arrested the defendant and took her to the Palm Beach County Breath Alcohol Testing Facility. She was asked to submit to a breath sample and she refused. She admitted that she was out during the evening drinking vodka. During the discovery process, the Firm found out that there was a video of the accident through the gas station that was destroyed. Additionally, the Firm pointed out to the State Attorneys Office that the Police Department knew about the video but did nothing to try and preserve it. Furthermore, the firm pointed out that the roadside exercises, on their face, were actually performed pretty well and that the defendant did not seem impaired at the breath facility. On the day of trial, the State dismissed the charges for Driving Under the Influence Causing Damage to Person or Property.   01/05/2012 20XX-CXXT-00XXX8 NO CONVICTION AS CHARGED Driving While License Suspended The Defendant was charged with Driving While License Suspended. Because of the numerous convictions for the same type of charge on his record the State was asking for jail time. The firm filed a motion to suppress the stop of defendant's vehicle. At the motion to suppress, the police officer who made the stop claimed that he stopped the defendant because he was obstructing traffic at a green light. The defendant took the stand and stated that there were pedestrians in the cross walk and he was waiting for them to cross and that is why he was not moving through the green light. Faced with the defendant’s word versus the police officer’s word, the Firm argued that it was quite possible the officer didn’t see the pedestrians because he was looking up the defendant’s license plate at the time on his computer and therefore not looking at the scene in front of him. The Court ruled in favor of the defendant and all charges were dismissed by the State.   01/03/2012 201XXXT8XX0M NO CONVICTION AS CHARGED DUI The Defendant was driving 70 miles per hour in a 35 mile per hour zone. After activating his patrol emergency lights, the defendant started to pull over and slow down but then pulled back onto the roadway and went another 1000 feet until stopping. After being asked to get out of the car and walk back to the officer, the Defendant took too long to do it and had to be asked again. When the officer went to look in the Defendant’s truck, the defendant yelled “don’t go in my truck, I didn’t give you permission.” He kept repeating that three times to the officer. During an eye exam on the road, the Defendant showed clues of alcohol impairment. He had a strong odor of alcohol coming from him and his eyes were bloodshot. He would be fine one moment and then very mad at other times. He demanded to be taken to the jail to give a breath sample where he blew .081 and .073. He refused to perform roadside tasks at the jail and refused to answer any questions from the officers. He would never stand up when dealing with the officers but always sat or leaned on something. The Officers issued the Defendant a notice of suspension for driving with an unlawful breath alcohol level and suspended his license for 6 months. The Defendant hired the Ticket Clinic, A Law Firm and we were able to get the suspension lifted due to the fact that the Officer incorrectly issued the notice of suspension. The Defendant’s license was reinstated. Additionally, the Firm successfully convinced the State Attorney’s Office that they could not prove the charges for Driving Under the Influence. Therefore, the State of Florida declined to file the charge for Driving Under the Influence.   12/19/2011 20XXXCT02XX79AXX NO CONVICTION AS CHARGED DUI The Defendant was observed traveling southbound along South Congress Avenue from Summit Blvd. and was drifting in and out of the center lane several times. The vehicle was also traveling 10 mph under the speed limit of 40 mph. Additionally, the vehicle kept randomly applying its brakes for no area to stop and turn. After making a turn onto Forest Hill Blvd., the vehicle drifted out of its lane with the left wheels passing the lane lines continuously. The vehicle was then stopped and the driver had a noticeable slur to her speech and had red, glassy eyes. Additionally, the driver smelled like alcohol. She said she left Clematis and had a few drinks. She performed poorly on roadside exercises and couldn’t even recite the alphabet correctly. The video of the driving pattern did in fact show the Defendant fail to maintain a lane one time. After being arrested, the Defendant gave a breath sample of a .130 and .121. The firm filed a Motion to Suppress arguing that the Defendant was stopped without probable cause of a traffic infraction and without reasonable suspicion of criminal activity. The Firm cross examined the officer pointing out inconsistencies with his testimony and what the video evidence showed. The Judge granted the motion to suppress which resulted in all physical evidence (including the breath test results) being thrown out. Subsequently, the State dismissed the charges pending against the Defendant for Driving Under the Influence.   12/16/2011 20XXXXT024XX5AXX NO CONVICTION AS CHARGED Driving Under the Influence The Defendant was observed stopped in a roadway. As the officer approached, the vehicle began driving and not stopping for at least 2 stop signs. Additionally, the Defendant was not turning on his signals when making multiple turns. Upon being stopped, the Officer noticed the Defendant had an odor of alcohol coming from his breath and glassy, bloodshot eyes, slurred speech and was acting lethargic. He could not explain why he was driving in circles around this neighborhood. Additionally, he could not determine which piece of paper was his registration. Another Deputy arrived to conduct a DUI investigation. The Defendant told that officer that he was looking for Day Labors for a job the next day (although it was midnight). The Defendant was swaying in a circular motion. After being asked how much he drank, he said “a couple” which then became “four or five.” The Defendant refused to perform roadside exercises and was arrested. Additionally, he refused to give a breath sample while at the breath facility. The firm filed numerous motions to suppress arguing that the Defendant was arrested without probable cause and motions to exclude the refusal to submit to the breath sample. On the date of the motions, the State dismissed the charge for Driving Under the Influence.   12/15/2011 20XXCT0XXXX30AXX NO CONVICTION AS CHARGED Driving Under the Influence The Defendant was stopped for allegedly failing to stop at a steady red light and running a stop sign. Upon being stopped, the Officer observed what he believed to be signs of impairment coming from the driver. After being asked to exit the vehicle, he was asked to submit to roadside tasks. According the Officer, the Defendant performed poorly and could not recite the alphabet correctly as well. The Defendant was arrested and was asked to submit to a sample of his breath which was refused. The Firm aggressively worked on the case from the beginning and listed more than 20 witnesses including seven expert witnesses. After retrieving video surveillance from previous establishments that the Defendant visited prior to being arrested, an in person meeting was set up with the Office of the State Attorney. The State of Florida reviewed all witness statements and the pre-filing packet provided by the firm and declined to file the charges for Driving Under the Influence.   12/13/2011 20XX-CXXT-0XXX97 NO CONVICTION AS CHARGED Reckless Driving The defendant was charged with Reckless Driving for crashing into several vehicles around her at parking lot and causing lots of damage. The State refused to drop the charges against the defendant and was asking that she be put on probation and pay all costs of restitution. The Firm obtained witnesses that were able to state that cause of the accident was related to the vehicle’s malfunctioning transmission and set the case for trial. The State dismissed the criminal charges in the case.   12/05/2011 CT-00352XXXX NO CONVICTION AS CHARGED DUI On July 14, 2011, a Hillsborough County Sheriff Deputy observed a white Nissan eastbound on Adamo Dr. traveling at 68 mph in a 50 mph zone. The vehicle was also swerving in and out of traffic. The Deputy initiated a traffic stop on the vehicle and made contact with the driver and sole occupant, the Defendant. The Defendant identified himself verbally because he did not have a DL on him. The Deputy observed the Defendant to have red, watery eyes, slurred speech, and odor of alcoholic beverage on his breath. In the passenger seat was a bottle of wine and a six pack of beer. There was an additional half full bottle spilling onto the floor. The defendant was observed to be unsteady on his feet when exiting the vehicle. The Deputy requested field sobriety exercises, which the Defendant did not consent to do, instead repeatedly asking what he did wrong. The Defendant was arrested and transported to central breath testing. The Defendant refused to submit to a breath test after being explained the implied consent law. The Defendant was also issued citations for speeding, open container, and no proof of DL. Results: The firm convinced the State to drop the DUI charge based on lack of evidence.   12/05/2011 3XXXXXX2-XXXXS NO CONVICTION AS CHARGED DUI The Defendant was charged with DUI after wrecking her car into a ditch. She performed Field sobriety exercises and was then given a breath sample, to which she blew over the limit. At the first pre-trial hearing The Firm set her case for trial. At the day of trial the firm was able to get the State Attorney to dismiss all charges against the defendant.   12/02/2011 1XXX013XXXM10A NO CONVICTION AS CHARGED DUI The Defendant was pulled over after a police officer observed him swerve over the line multiple times and enter into the bike path. The officer indicated that if anyone had been in the bike lane, they would have been hit. When the officer came into contact with the defendant, he smelled alcohol on his breath and noticed that his eyes were bloodshot and watery. The officer requested that the defendant perform roadside exercises. The defendant performed very poorly on each of the exercises. The defendant also admitted to drinking several beers prior to driving. The attorney for the firm filed and argued a motion to suppress the stop of the vehicle. The judge granted the motion to suppress, and the State dropped the DUI case against the defendant.   12/02/2011 20XX-CXXT-4XXX2 NO CONVICTION AS CHARGED Driving While License Suspended The Defendant was charged with Driving While License Suspended. The defendant had a history of these types of charges so the State Attorney was seeking jail time on the charge. The Firm filed a motion to suppress the stop of the vehicle as the probable cause for the stop, that of a non-functioning brake light, was unlawful. All charges against the Defendant were dismissed.   11/30/2011 CT-194XXXX NO CONVICTION AS CHARGED DWLS with Knowledge On June 10, 2011, the Defendnat was stopped on I-75 for speeding. Upon making contact with the driver, the Deputy learned that the Defendant did not have a valid license. The Defendant had been convicted of driving on an expired license in 2007, 2008 and in April of 2011. The Deputy arrested the Defendant for driving while license suspended, canceled or revoked. Results: The case was set for trial and on the day the trial was set to begin, the state dismissed the charge.   11/29/2011 CT-488XXXX NO CONVICTION AS CHARGED DWLS with Knowledge On April 11, 2011, a Tampa Police Officer was sitting at the red traffic signal on E. Busch Blvd and N. 30th St in the inside left turn lane. The officer observed a green 4-door Lincoln Navigator traveling west on Busch BLvd. The driver was not wearing a seat belt. The driver of the vehicle produced a FL driver’s license which was suspended. The officer cited the driver with Driving while licnse suspended with knowledge and failure to wear seat belt. Results: The case was set for trial and on the day of trial, the officer was shown a picture of the listed Defendnat and his brother. The officer was unable to positively identify which of the individuals was driving the vehicle back in April. Based on that, the State dismissed the case before the trial began.   11/28/2011 CT-00203XXXX NO CONVICTION AS CHARGED DUI On June 18th at approximately 2:56 am, a Hillsborough County Sheriff Deputy observed a tan pick-up truck driving westbound on Fletcher Ave. He observed the vehicle swerve to the right side of its lane, then immediately back to the left and then immediately swerve back to the right side of its lane. Then both passenger side tires completely crossed the outside line. The Deputy next observed the vehicle entering the right turn lane, then swerved back into the westbound lane and increase its speed. The Deputy then initiated a traffic stop and made contact with the driver, the Defendant. The Deputy observed the Defendnat’s eyes to be watery, his speech was slurred, and there was a distinct odor of alcohol on his breath. The Deputy requested the Defendant perform field sobriety exercises, which he did poorly. On the walk and turn exercise, the Defendant was unable to remain in the start position, used his arms for balance, had to stop to steady himself and took the incorrect number of steps. On the Rhomberg alphabet exercise, the Defendant swayed back and forth as well as side to side. The Defendant did not recite the alphabet correctly. The Defendant was then arrested for DUI. He refused to submit to a breath test. Result: The firm filed a motion to suppress and on the day the motion was set to be heard, the State dropped the DUI charge.   11/15/2011 20XX-CXXX-10XX6 NO CONVICTION AS CHARGED Failure to Obey a Lawfull Command The Defendant was driving on a 2 lane road. He came upon 2 police cars in the right lane with their flashing lights on. As the defendant reached the police cars, an officer stepped out of the vehicle a motioned for him to stop. The officer also stated that he looked directly at the defendant and yelled stop. The defendant proceeded to drive and sbout 3 mph and kept on going. The officer claimed to hold up his hand and yell stop a second time. The defendant continued driving. He was pulled over a few miles down the road and arrested for failure to obey a lawfull command. At trial, the officer's testimony was inconsistant with his report and our client was found NOT GUILTY.   11/10/2011 1XXX416XXTXX0A NO CONVICTION AS CHARGED Driving While License Suspended The defendant was stopped by police because the officer believed that the vehicle looked suspicious. The car was in an area that had recently had a number of burglaries. The vehicle was stopped in the middle of an apartment parking lot, not in a legal parking space. The officer approached and determined that the defendant was driving on a suspended license. Because this was his third offense within five years, the defendant was looking at possibly having his license revoked for a period of five years. The firm prepared his case and filed a motion to suppress the stop of his vehicle. The Judge granted the defense motion. The State dismissed the case with no negative consequences for the defendant.   11/09/2011 CXXT-0XX38XXX and CXXT-9X5XXXX NO CONVICTION AS CHARGED DUI On July 6, 2011, a Tampa Police Officer was traveling northbound on Howard Avenue just south of I-275. At approximately 4 am, he noticed the defendant traveling in the inside left lane. The officer saw the defendant almost rear end another vehicle at a red light. After the light turned green, both the officer and Defendant continued under I-275 where the Defendant made a wide left turn onto Green Street. As the Defendant approached Green Street and Armenia Avenue, the Defendant proceeded straight through the left turn only lane. The officer initiated a traffic stop for this infraction. Once the officer came into contact with the Defendant, the Defendant spoke with slurred speech. There was also a distinct odor of alcoholic beverage coming from the vehicle. The Defendant’s eyes were bloodshot/watery and glassy. The Officer asked the Defendant to perform field sobriety exercises. The Defendant performed the HGN eye test, the walk and turn test, and the one leg stand test. All 3 tests showed multiple clues of impairment. The Defendant was arrested for DUI and transported to central breath testing. Once at booking the Defendant was advised of Florida’s Implied Consent Law. The Defendant still refused to provide a breath sample. The officer issued a 1 year suspension of the Defendant’s license for refusing to submit to a breath test. On July 15, 2011 The Defendant was stopped by Tampa Police and cited for Driving While License Suspended with Knowledge. The suspension was a result of the Defendant’s refusal to submit to a breath test. Results: The State dropped the DUI charge before trial and dismissed the Driving while license suspended with knowledge charge.   11/09/2011 CXXT-XX686XXXX NO CONVICTION AS CHARGED Attaching Tag not Assigned and No Motor Vehicle Registration On August 13, 2011, the Defendant was stopped by a Florida Highway Patrol Trooper after an accident. The Trooper issued the Defendant a criminal violation of attaching a tag not assigned after the Defendant spontaneously admitted to putting a tag that did not belong on the vehicle involved in the crash. The Trooper also issued a criminal violation for operating a vehicle without registration. The firm was able to convince the State to dismiss both of the criminal charges against the Defendant.   11/08/2011 20XXCTXX1XX2AXX NO CONVICTION AS CHARGED Driving Under the Influence The Defendant was stopped in a left hand turn lane way behind the stop bar. An officer was behind him with her camera activated on her way to another call. The Defendant did not move when the light turned green. The officer hit her spotlight, activated her emergency lights and sirens and eventually had to get out of her car and approach the Defendant’s vehicle. The Defendant was slumped forward in his vehicle and completely passed out. The doors were locked and the officer was banging on the window of the car for two minutes with her mag light and knocking as well. She was attempting to wake up the Defendant. When he finally came to, he was bobbling his head around and looked at the Officer. He made a sad pouty face and started moving forward like he was going to drive away. The Officer (on video), ran back to her car and the Defendant pulled up to the green arrow and stopped. Once the light turned red, the Defendant ran the red light. The Officer had her emergency lights activated as she followed the Defendant. He failed to stop at 3 places where he could have pulled over and finally pulled over. He was ordered to step out of the car and stumbled for a second or two. He had a strong odor of alcohol coming from his breath, his speech was slurred and his eyes were glassy and bloodshot. According to the stopping officer, he tried to get away at one point and said or did something that made her feel that he needed to be held in the back of her patrol car until the DUI unit arrived. When the DUI unit arrived, the Defendant was asked to submit to roadsides which he refused. He was arrested and taken to the Breath Facility where he refused to submit to a sample of his breath after being advised his license would be suspended for one year. The case went to trial in front of a jury. The Firm pointed out all of the inconsistent statements made by the stopping officer in her sworn deposition and her in court testimony. Additionally, the arresting officer made multiple statements on cross examination which conflicted with the stopping officer’s testimony. The Defendant testified that he had played 36 holes of golf that day for business purposes and that he had drank a minimal amount. He further testified that he was physically exhausted from the day and that he had fallen asleep behind the wheel from the day and not from alcohol impairment. The jury found the Defendant not guilty of Driving Under the Influence.   11/01/2011 20XXCTXXX31XXAXX NO CONVICTION AS CHARGED DUI Causing or Contributing to Damage to Person or Property The Defendant was driving on High Ridge Road in Boynton Beach when her vehicle left the road and crashed into a concrete wall. A husband and wife watching tv in their home ran out to the car to render aid. The Defendant was trapped under her steering wheel and bleeding heavily from her face. She was not wearing her seat belt and had smashed her head into the windshield. She told the female witness that she had been drinking and the witness could smell alcohol on her breath. When officers arrived, the Defendant was taken as a trauma alert to the Delray Beach Medical Center. An Officer with the Boynton Beach Police Department came to the hospital and read the Defendant her Miranda warnings and told her he was conducting a DUI investigation. She told him that she was speeding and in a hurry and that she doesn't remember the crash. She also said she had been drinking wine. She consented to a blood test which yielded results of .109. Additionally, a medical blood test was taken which yielded results of a .101. The Firm moved to suppress the blood test due to the fact that it was requested by the officer based upon an odor of alcohol alone and a crash. Additionally, the officer who came to the hospital to question the Defendant had been charged with a violent crime and was being prosecuted by the State Attorney's Office. The State agreed to the motion and then attempted to proceed with the medical blood test of a .101. The Firm then demanded a speedy trial and discussed potential problems with the medical blood test with the State Attorney's Office. On the day of trial, the State dismissed the charge for Driving Under the Influence.   10/28/2011 20XXXT015XX4AXX NO CONVICTION AS CHARGED DUI The Defendant was stopped for an expired tag while he was pulling a boat on a trailer. The Oficer noticed an odor of alcohol and he had glassy eyes. The DUI officer noticed the same observations but also that his speech was slurred. The Defendant initially said he had 3 beers and then later to 5 beers. He said that his friends were drunk and he was only wearing shorts with no shirt on. He agreed to perform roadside exercises which he performed poorly. During the alphabet task, he said "HIJ LMNO QSOVXY". The Defendant was arrested for DUI and taken to the Breath Alcohol Testing facility where he refused to give a sample of his breath. The firm was able to convince the State of Florida that they could not prove a DUI beyond a reasonable doubt as the video evidence was contradictory to the Officer's reports. The State of Florida dropped the charges for Driving Under the Influence the week prior to the trial.   10/27/2011 20XXXT01XXX8AXX NO CONVICTION AS CHARGED DUI The Defendant was driving at a high rate of speed when she took a turn and crashed her vehicle. The Defendant said she was run off the road from her boyfriend. She then said that her boyfriend struck her vehicle. She also could not state what road she was on aand kept saying she was on 4th or 28th street. Additionally, she had a strong odor of alcohol coming from her breath and her eyes were red and glassy. Her speech was slurred and her face was red and flushed. She was slaying back and forth as she was standing there and had a green wrist band on from the Dubliner (a bar in Boca Raton). An independent witness told the officer that he witnessed the Defendant driving at a high rate of speed and crash her car. He said that there were no other cars around and nobody ran her off the road. The right front tire and left front tire was bent out completely and there were tire marks on the median. After being read her rights she refused to do roadside tasks and admitted to being on Zoloft, Prozac and Ambien. She admitted to having 2 Tequila Sunrises at The Dubliner. She also stated that she had domestic problems at her house. She was arrested and then refused to submit to a sample of her breath. The Firm was prepared to file numerous motions to which the State agreed. The State agreed that if this was not considered a crash under Florida Law, no officer saw her behind the wheel of her car. However, the State also agreed that the Defendant invoked her right to remain silent and no statements were admissible if the State were to proceed to trial. Additionally, parts of the report were inconsistent with the roadside videos. The State dropped the charges the week before trial.   10/26/2011 20XXCTXX7XX4AXX NO CONVICTION AS CHARGED Driving Under the Influence The Defendant was stopped for traveling 62 in a 45 mile per hour zone. The Defendant was stopped and the Officer noticed that he had bloodshot, red and glassy eyes. He also smelled an odor of alcohol coming from him. His movements were slow and so was his speech. He told the Officer he had consumed 1 to 2 alcoholic drinks about an hour ago. He was asked to perform roadside tasks where (according to the officer) he performed very poorly. He was arrested and taken to the breath facility where he was asked to submit to a sample of his breath. He blew a .064 and a .067. The Firm sent a request to the Supervising Attorney of County Court requesting that the case not be filed due to the State's inability to prove the charges beyond a reasonable doubt. The Supervising attorney agreed on 10/26/11 and dropped the charges for Driving Under the Influence.   10/25/2011 CT-XX-793XXX-XXX NO CONVICTION AS CHARGED DUI On June 1, 2011 at approximately 1:04 am, a Temple Terrace Police Officer was on duty and dispatched in reference to a battery that had just occurred. Upon arriving on scene, the Officer observed a vehicle stopped in front of the residence. As he approached the vehicle, another officer advised him that the front seat passenger was involved in the battery. The Officer was also advised that the vehicle had attempted to leave the residence upon his arrival. At that time, the officer approached the driver side of the vehicle and made contact with the driver, the Defendant. Upon making contact, the Officer observed that the vehicle was running and in gear. The officer advised the Defendant to place the vehicle in park and give him the keys. As the Officer spoke to the Defendant he observed that her eyes were glassy, watery and bloodshot. Her speech was slurred and thick tongued, and her movements appeared slow and lethargic. He also detected a strong odor of alcohol emanating from her breath. At that point, the Officer repositioned his vehicle in order to record the incident and placed a piece of duct tape on the flat level ground in front of the patrol vehicle for use in field sobriety exercises. The Officer then made contact with the Defendant and advised her to exit her vehicle and walk to the front of his vehicle. As the Defendant exited the vehicle, she appeared to be unsteady. Once out of the vehicle and on her feet, she appeared to sway from side to side and from front to back. The officer requested the Defendant to perform field sobriety exercises, which she consented. The field sobriety exercises were explained and demonstrated to the Defendant. After the Defendant performed poorly on the field sobriety exercises, she was placed under arrest for DUI. The Officer read her Florida’s Implied Consent law and requested a breath sample. The Defendant refused to provide a breath sample. A check of the Defendant’s driving history showed a prior conviction for DUI in February 2010. Results: The firm filed a motion to suppress based on an illegal detention of the Defendant. On the date the motion was to be heard, the State Attorney dropped the DUI charge.   10/24/2011 1XX01XX99XXX10A NO CONVICTION AS CHARGED DUI The police observed the defendant crash into a raised median. The car continued to drive, changing lanes frequently without signaling. Both driver’s side tires were flat and the defendant was driving on the rims. When the officer pulled the defendant over, he noticed the odor of alcohol on his breath, and his eyes were bloodshot and glassy. The defendant indicated he had been out drinking with some co-workers. When the defendant got out of his car, he had to lean on the car to keep from falling. The officer asked him to perform roadside exercises, and the defendant performed poorly on each. The defendant took a breath test and the results were .145 and .153 (almost twice the legal limit). The firm investigated his case and prepared for trial. On the day of trial, the State dropped the DUI charge.   10/21/2011 1XXX13XXXTCXX0A NO CONVICTION AS CHARGED Leaving the Scene of an Accident The defendant struck a vehicle inside a parking garage and proceeded to drive to a different area of the garage to park his vehicle. Shortly after, the defendant left the area on foot. A witness saw what happened and photographed the Defendant’s car. The witness contacted police. When the police arrived, the defendant was returning to his vehicle. He was charged with Leaving the Scene of an Accident. The firm investigated the case and announced ready for trial. On the day of trial, the State dismissed all charges.   10/19/2011 20XXMXXX91XX4AXX NO CONVICTION AS CHARGED Boating Under the Influence The Defendant was seen creating a wake in a no wake zone near other boats and people swimming in the water on Peanut Island. After being stopped and told to put the boat in neutral, the Defendant appeared confused. He was slurring his speech and had 13 people on his 37 foot boat with him. The Defendant had glassy, bloodshot eyes and an odor of alcohol coming from him. He was told to come onto the Police Officer's boat where the Officer checked his eyes. The Defendant was then transported to land where he consented to roadside tasks. He was instructed to take 9 steps up and 9 steps back on the walk and turn. The Defendant took 15 steps up and turned around and said he was done. He never counted out loud. The Defendant was told to put his finger on his nose on each command and bring his hand right back down to his side. On each command, the Defendant just held his finger on his nose even though the officer told him not to do that. The Defendant could not get past the letter K on the alphabet task. He was arrested and transported to the Breath Facility where he refused to submit to a breath test. The Firm filed a motion to suppress arguing that the Defendant was "in custody" when he was transported to land and therefore had to be read his Miranda Warnings prior to being questioned and administered the alphabet task. The State reviewed the motion and on the day of trial dismissed the charge for Boating Under the Influence.   10/17/2011 20XXXCT0XX2XX5AXX NO CONVICTION AS CHARGED Driving Under the Influence The Defendant was stopped for driving 54 in a 35 mile per hour zone. The officer noticed an odor of alcohol and the defendant admitted to drinking. Additionally, the Defendant did not immediately pull over when the officer attempted to stop the Defendant. A DUI officer arrived on scene and saw that the defendant's eyes were bloodshot and glassy and had an odor of alcohol coming from him. The Defendant was asked to step out of the car where he slipped and lost his balance. He said he was drinking and did not know why he was stopped. His speech was slurred and performed very poorly on roadsides. He was taken to the breath alcohol testing facility where he refused to submit to a test of his breath. On camera he told the officer he could feel the effects of the alcohol that he drank. The Firm took the deposition of the stopping officer and subsequently filed a motion to suppress arguing that the first officer had no right to call for a DUI unit. The State agreed and dropped the DUI charge on the day of the motion to suppress.   10/10/2011 0XXX12XXXXM10A NO CONVICTION AS CHARGED DUI with Property Damage The Police responded to a 3 car crash on State Road 84. When they arrived, the Defendant was wandering down the road on his phone walking into oncoming traffic. The police officer yelled at him to get out of traffic, but the Defendant just looked at him. The officer had to physically escort the Defendant back to the accident scene. The officer noticed that the Defendant’s eyes were bloodshot and glassy. He could also smell alcohol on his breath. The officer asked the Defendant to perform roadside exercises. The Defendant complied, and according to the officer performed poorly on all of them. The Defendant was asked to submit to a breath test, which he refused. The Defendant was charged with DUI Property Damage, which was also enhanced because he had his 13 year old daughter in the vehicle. The Firm filed a motion to exclude certain statements the Defendant had made to police. This motion was granted. The State indicated they would still go forward. The Firm announced ready for trial. On the day of trial, the State dropped the DUI charge.   10/06/2011 2XXXCTXX71XXAXX NO CONVICTION AS CHARGED Driving Under the Influence The Defendant was driving in Ocala, FL. where he made a U-Turn on a solid green light. The Defendant made the U-turn into the oncoming path of a car, a truck and a police officer. The truck had to come to a complete stop and the car and police officer had to break heavily to avoid a collision with the Defendant's vehicle. The car slowed and missed the defendant's vehicle by less than 5 feet. The Defendant was stopped by the officer and seemed slow in comprehending the reason for the stop. He admitted that he had been drinking and had trouble following directions during an intial nystagmus task. A DUI officer arrived and asked the Defendant out of the car. The Defendant had to use the car for support when getting out. During the one leg stand, the defendant used his arms to balance himself and swayed while standing. He counted to 9 and then started over contrary to the instructions. During the walk and turn he could not maintain his balance and failed to touch heel to toe on any step. He stepped off the line to regain his balance and took the wrong number of steps. The Defendant was arrested and taken to the jail where he blew a .081 and .082. He admitted to being at a party and drinking 4 Coronas. The Firm filed numerous motions, one of which was to throw out all of the evidence due to the officer not having probable cause to arrest for DUI. A review of the videos contradicted the Officers sworn reports. On the day of the pre-trial conference, the State of Florida dismissed the DUI charge.   10/03/2011 20XXXXT1XX45 NO CONVICTION AS CHARGED Violation of DL Class The defendant was riding as a passenger in a truck carrying hazardous material. The driver, who possessed a valid driver license with the appropriate class to haul such material, became extremely ill. Perhaps choosing the better of two evils, the driver instructed our client to drive the truck instead of leaving the hazardous material on the side of the road in a perilous position. Soon after taking the wheel, our client was pulled over by a Florida Department of Transportation Officer and cited with being in violation of his driver license class. Although our client was in technical violation of the statute, the Firm’s Treasure Coast Attorney was able to persuade the prosecutor to dismiss all charges.   09/28/2011 1XXX02XXXXM10A NO CONVICTION AS CHARGED DUI The Defendant was observed at 4:45 a.m. reclining in the driver's seat of his vehicle with the engine running. A police officer approached him and made contact. The Defendant exited the vehicle, where the officer noticed bloodshot eyes, flushed face, slurred speech and the strong smell of alcohol on his breath. The Defendant was asked to do roadside exercises, but continued to yell that he wanted a lawyer repeatedly. The Defendant refused the breathalyzer. He was arrested for DUI. The Firm filed a motion to suppress the detention of the Defendant. On the day of the motion, the State dropped the DUI.   09/23/2011 20XXXT3XXX8 NO CONVICTION AS CHARGED Driving with a Suspended License The Defendant was charged with driving on a suspended license. There was no factual basis for the stop of the vehicle and the Firm filed a motion to suppress the evidence in the case. The State dismissed all charges before the motion was even argued.   09/19/2011 20XXXXFXXX90 NO CONVICTION AS CHARGED Fleeing and Eluding a law enforcement officer The Defendant was charged with Fleeing & Eluding a law enforcement officer. A felony conviction on such a charge would carry a mandatory one year license suspension along with all the negative consequences of being a convicted felon. The police alleged that the defendant after being directed to pull over yelled obscenities at the police and then recklessly drove off almost hitting pedestrians. The firm argued that this did not make sense as the defendant was stopped by the same officer almost 20 minutes ago for the same non-moving violation of having his music too loud. The State refused to drop the charges and the Firm set the case for a jury trial. On the day of the jury trial the state dropped the Felony Fleeing and Eluding.   09/16/2011 20XXXXXT1XX7 NO CONVICTION AS CHARGED DUI The defendant was charged with DUI and gave a breath sample over the legal limit. The officer’s alleged that the defendant was speeding but weren’t sure of the speed and that his tag light was out but were not sure of the distance at which they had noticed it was out. The firm filed a motion to suppress the evidence in this case based up on an unconstitutional stop of the vehicle. The State dismissed all charges at the hearing on the motion to suppress.   09/15/2011 1XX001XXX8XX10A NO CONVICTION AS CHARGED Possession of Cannabis The defendant was stopped by police for making an illegal u-turn. Upon making contact with the Defendant, the police officer indicated he could smell cannabis in the car and saw a green leafy substance in plain sight. The Defendant was arrested for possession of cannabis. The firm was able to convince the State to allow the defendant into a program to address his drug abuse issues. After completion of the program, the firm was able to get the charge dismissed.   09/14/2011 20XX-XXXT-7XXXX1 NO CONVICTION AS CHARGED DUI The Defendant was pulled over for not having his headlights on, weaving from lane to lane, and traveling 10 mph in a 45 mph zone. The officers observed that the defendant was staggering while walking, had bloodshot eyes, an odor of alcohol on his breath, and slurred speech. The defendant admitted to having 3 Long Island Ice Teas. Based on these observations, the officers requested that the defendant perform field sobriety exercises. According to the officers, the defendant failed and was arrested. At the breath testing center, the defendant blew a .069 and .071. Based on the facts of the case, the prosecutor dropped the DUI on the day of trial.   09/14/2011 1XXX232XXXM10A NO CONVICTION AS CHARGED DUI The Defendant was involved in a traffic accident where she rear ended another vehicle. Upon making contact with the Defendant, the police officer noticed blood shot eyes and the smell of alcohol on her breath. The Defendant refused to perform roadside exercises, and also refused the breathalyzer. The officer noted in his report that she was unsteady on her feet and was swaying. The firm filed a motion to suppress the refusal to do exercises and the breathalyzer. The State conceded the motion, but still insisted on going forward. The firm announced ready for trial. On the day of trial, the State dropped the DUI charges.   09/08/2011 1XX-CXX-01XXXX9 NO CONVICTION AS CHARGED Felony Driving While License Suspended The Defendant was charged with Driving While License Suspended – 3rd Offense (3rd Degree Felony). After reviewing the defendant's driving record and noticing conflicts, our attorney filed a Motion to Mitigate Sentencing. Before this Motion was heard, The State of Florida dropped charges against the defendant.   09/06/2011 20XXXT00XXX98AXX NO CONVICTION AS CHARGED DUI The Defendant was witnessed by an officer around 2:45 a.m. accelerating at a high rate of speed through the intersection almost stricking the vehicle in front of the officer causing that vehicle to slam on its brakes. The Defendant then continued accelerating and crossed over three lanes of traffic and then almost caused another collision. The vehicle that the Defendant almost hit had to swerve out of the way to keep away from the Defendant’s vehicle. The Defendant was stopped and the officer noticed the defendant had slurred speech and an odor of alcohol coming from his breath. Another officer arrived to conduct a DUI investigation. The Defendant stated he had not consumed any alcohol and then later changed his story to “1” drink. The Defendant performed poorly on roadside tasks and was arrested for DUI. After being requested to submit to a breath sample, the Defendant refused. The Firm pointed out numerous problems with the State’s case including issues regarding the Defendant’s Miranda rights being violated on scene. Additionally, the officers made numerous expressions and gestures indicating their own doubt about the Defendant’s impairment. After convincing the State of Florida that the case was not strong enough to prove beyond a reasonable doubt, the DUI charge was dismissed.   09/02/2011 0XX243XXXMXX0A NO CONVICTION AS CHARGED DUI The Defendant was stopped for driving Eastbound in the Westbound lane of a major road. Upon making contact with the defendant, the officer detected the odor of alcohol on the defendant’s breath. The officer also observed that the defendant had bloodshot eyes, slurred speech and a flushed face. The Defendant told the officer that she had been drinking beer at a nearby bar. The police conducted roadside exercises, and the defendant performed poorly. The officer requested that the Defendant to take a breath test, but the Defendant was unable to blow properly into the machine. The firm prepared the case for trial and the State dropped the DUI.   08/31/2011 20XXXM015XXX3AXX NO CONVICTION AS CHARGED Battery and Criminal Mischief The Defendant was a tenant living in an apartment rented by a female landlord. Numerous complaints were made by both the tenant regarding the living conditions of the home as well as the landlord regarding the upkeep of the premesis. After multiple confrontations with the landlord’s boyfriend, a meeting was set up to review contract work at the apartment. The landlord and the Defendant had scheduled a time for the premises to be inspected. During the inspection, the Defendant was accused of picking up a notebook and hitting the landlord’s boyfriend on the hand which caused a cut to his finger and destroyed his camera. The officer who arrived wrote a report detailing the incident and indicated that the Defendant admitted to hitting the landlord’s boyfriend with a rolled up newspaper. However, the Firm was hired to handle the case and brought out numerous problems to the State Attorneys Office. The State of Florida wanted the Defendant to pay $200.00 for a dismissal of the charges. The Defendant declined that offer due to her innocence. The Firm pointed out to the State that the officer had written a second report where he told a different story regarding this being an accident. In addition, this boyfriend was not acting as an agent of the landlord and had no right to be in the Defendant’s home. The State reviewed the case after the Firm was hired and dismissed all criminal charges against the Defendant.   08/29/2011 20XXXCXX51 NO CONVICTION AS CHARGED Reckless Driving The Defendant was charged with reckless driving on a motorcycle. The firm set the case for trial on the grounds that the alleged conduct of the reckless driver was high-fiving another motorcycle driver and popping wheelies, and because client was hit by an IED blast in Iraq he was not able to perform said acts. All charges were dismissed the day of trial.   08/26/2011 20XXCXX14XXX6AXX NO CONVICTION AS CHARGED Driving Under the Influence The Defendant was seen by a Palm Beach Gardens officer stopped in the middle of the road. The officer observed that the driver's door was open and the defendant was in the process of getting out of the driver’s seat. The Defendant continually ignored verbal commands to step away from the truck while continuing to reach around his back and into the car for something. The Defendant finally staggered backwards and was taken into custody for his safety. The officer said he appeared disheveled and his eyes were watery and he appeared sleepy. He also smelled a strong odor of alcohol coming from him. The DUI officer showed up and said that the Defendant had very slurred speech and mumbled speech. His face was also flushed. When asked how much he had to drink, he said he had “more than a few”. He said he had been drinking at a comedy club. His tire on his car was flat and when asked about that he said “I don’t know what I hit.” After performing poorly on roadsides, he was arrested for DUI. He refused to give a sample of his breath. The Firm negotiated with the State Attorney’s office through a close review of all of the State’s discovery and ultimately was able to convince the State to drop the DUI charges.   08/24/2011 1XX16XXXXM10A NO CONVICTION AS CHARGED DUI The Defendant was involved in an accident in which he lost control of the vehicle and his boat trailer flipped over, dumping his boat on to the highway. Police arrived and noticed that the defendant had an odor of alcohol emanating from his breath, he was leaning against his car for support, his eyes were bloodshot and his face was flushed. The defendant admitted he was the person driving the vehicle. The police requested a breath test, and the defendant refused. The firm prepared the case for trial, and the State dropped the DUI.   08/24/2011 20XXXCXTX3XX65 NO CONVICTION AS CHARGED Racing The Defendant was charged with racing, a driving offense that could easily result in a automatic one year driving suspension. The court documents provided to the Firm with respect to the case did not give enough specific facts about the nature of the case and as a result the State Attorney’s Office agreed to dismiss all charges.   08/22/2011 1XXX083XXM1XXA NO CONVICTION AS CHARGED Charges: I. No Valid DL, II. Possession of Cannabis The police stopped the defendant’s vehicle for running a stop sign. Two officers approached the vehicle and both smelled the odor of cannabis emanating from the car. When the officers advised the defendant that they could smell cannabis, the defendant admitted he had marijuana in the car and handed over a cigarette pack containing five marijuana cigarettes. The police asked for a drivers license, and the defendant told the police that he did not have a valid license. The firm took the case to trial. The No Valid Drivers License charge was dismissed by the judge. The Jury returned a verdict of Not Guilty on the Possession of Cannabis charge.   08/19/2011 20XXCXX147XXAXX NO CONVICTION AS CHARGED Aggravated Fleeing and Eluding (High Speed Reckless) 2nd Degree Felony The Defendant was clocked speeding by an officer. The officer followed the Defendant who would not stop or respond to sirens. The Defendant continued running red lights while being pursued by two different officers. Finally, while at the final red light, the Defendant ran the light, jumped over a median with his vehicle and sped off in the opposite direction. The Firm took multiple depositions bringing out different defenses through the officers testimony. After discussing the depositions with the State of Florida, the State dropped all felony charges against the Defendant.   08/17/2011 0XX050XXXXM10A NO CONVICTION AS CHARGED DUI The police observed the defendant make an improper turn and swerve repeatedly into other lanes. The police attempted to pull the defendant over, but the defendant continued to drive for a number of blocks. After the defendant pulled over, the officer noticed an odor of alcohol coming from the defendant. The defendant also had glassy blood shot eyes and a flushed face. The defendant agreed to do roadside exercises, and according to the officer, she was not able to complete any of them. She agreed to do a breath test and blew over the legal limit. The firm filed a motion to suppress the results of the breath test. After the motion was granted, the State agreed to drop the DUI charge.   08/16/2011 1XX-10XXXMXX0A NO CONVICTION AS CHARGED DUI A witness saw the defendant stumble out of a bar and enter her vehicle. The witness flagged down police and informed them that he was worried that the defendant was impaired and was about to drive off. The police approached the vehicle and found the defendant sitting in the driver seat with the engine running. The officer observed the defendant to have red watery eyes, flushed face, slurred speech and the odor of alcohol on her breath. The defendant refused roadside exercises and the breath test. The firm prepared the case for trial. On the day of trial, the State Attorney dismissed all charges.   08/10/2011 CTXX00X49XXXX NO CONVICTION AS CHARGED DUI On 4/9/11, at 3:27 am, a Tampa Police officer observed a vehicle traveling in front of him drifting repeatedly within the inside lane. The vehicle then began to drift entirely over the lane marker to the outside lane. The vehicle did this 3 times. The officer then observed the vehicle drift from the inside lane toward the median. The vehicle's tires on the driver's side briefly made contact with the median. At that point, the officer initiated a traffic stop. The vehicle was very slow to react to the lights and siren, but eventually pulled into a parking lot and stopped. Upon making contact with the driver, the officer noticed a strong odor of alcohol coming from her breath. The Defendant also had slurred speech and red watery eyes. The Defendant forgot to produce proof of insurance when requested and when asked to exit the vehicle, she stumbled. A DUI investigator was called to the scene. The Defendant agreed to perform field sobriety exercises. On the walk and turn, she failed to maintain her balance, did not touch heel to toe and lost her balance during the turn. On the one leg stand, she swayed while balancing. On the Finger to Nose test she failed to touch her nose 3 times. The Defendant was then arrested for DUI. The Defendant’s breath sample results were .082 and .073. Result: The case was set for trial, but before the trial began, the DUI charge was dropped by The State.   08/09/2011 20XX-XXT-0XXXX15 NO CONVICTION AS CHARGED Driving with License Suspended The defendant was charged with Driving While License Suspended. The probable cause for the stop was that client’s taillight was out. The firm requested pictures of the defendant’s vehicle and discovered that it could be argued that the defendant had the requisite number of visible taillights, as required by law, because the particular vehicle had more visible taillights than most vehicles. The firm then filed a motion to suppress the stop of defendant’s vehicle. The State agreed and dismissed all charges.   08/08/2011 CTXX1480XXXXXX NO CONVICTION AS CHARGED DUI On January 19, 2011 the Defendant was stopped for traveling 72 mph in a posted 50 mph zone. Upon the Deputy making contact with the Defendant, he immediately noticed the strong odor of an alcoholic beverage. The Defendant’s eyes were also glassy and bloodshot. The Defendant admitted to drinking. The Defendant’s pupils were dilated and took up approximately 90% of his eye. The Deputy then requested the Defendant to perform field sobriety exercises which he initially agreed. The Defendant was unable to stand in the start position for the walk and turn test and decided he no longer wanted to perform the exercises. The Defendant was then arrested for DUI. The Defendant refused to provide a breath sample after being read Florida’s Implied Consent law. Result: The case was set for trial, but before the trial date, the DUI charge was dropped by the State.   08/01/2011 CTXX99XXXXX NO CONVICTION AS CHARGED DUI On February 15 2011, the Defendant was observed traveling at a high rate of speed. His vehicle then made a sudden turn and the left front tire struck the curb. The vehicle completed the turn with the tires squealing through the rest of the turn. As the officer began following the defendant, he observed a cup being thrown out of the Defendant’s window. The officer then initiated a traffic stop. When asked why he threw the cup out of the window, the Defendant responded he knew he was not supposed to have an open container in the car. While speaking with the Defendant, the officer noticed that he had trouble answering basic questions and was slurring very badly. The officer also noticed a very strong odor of an alcoholic beverage coming from the Defendant’s breath. The officer asked if he could search the Defendant, which he agreed, and a glass pipe with marijuana residue was found in his front pocket. A DUI unit was called to the scene and requested the Defendant to perform field sobriety exercises. The Defendant refused to perform the exercises. The Defendant was then placed under arrest for DUI and requested to submit to a breath test. The Defendant refused the breath test as well. Result: Case was set for trial, the State dropped the DUI.   07/22/2011 20XXXCXX1XX9 NO CONVICTION AS CHARGED Reckless Driving A Florida Trooper stopped the defendant and cited him for Reckless driving. The trooper alleged that the defendant accelerated rapidly from a toll plaza and cut another vehicle off. The firm’s attorney met with the Assistant State Attorney and convinced her that although the alleged driving pattern may be dangerous, it did not rise to the criminal level of reckless driving. The Assistant State Attorney dropped all criminal charges.   07/14/2011 1X00XXX3XXXX0A NO CONVICTION AS CHARGED I. Possession of Cannabis, II. Possession of Drug Paraphernalia The police stopped the defendant’s vehicle based on his observation that the defendant was not wearing his seat belt. The police officer detected a strong odor of cannabis after making contact with the defendant and another passenger. The officer observed a glass pipe on the floor board. When the passenger opened his mouth, the officer observed cannabis inside of his mouth. The officer found 2 more pipes with charred cannabis underneath the seats of the vehicle. The defendant admitted that he knew that there was cannabis inside of the vehicle, and that the passenger was trying to swallow the drugs as the police were pulling them over. The Firm filed a motion to dismiss. The State agreed with the motion and all charges were dismissed.   07/14/2011 1XX0190XXXXMXX0A NO CONVICTION AS CHARGED DUI The arresting officer witnessed the defendant making a turn that was too wide, crossing several lanes of traffic. While following her, the officer noticed that her vehicle was drifting across the lane of travel numerous times. As the car entered onto I-95, the car went to the top of the on ramp, then back down to the bottom, nearly driving into the grass. As the officer followed, the vehicle continued to drift. After conducting the traffic stop, the officer noticed the odor of alcohol on the driver’s breath, bloodshot/glassy eyes and a flushed complexion. An open container was found in the car, and the driver admitted to consuming 5 beers at a bar, in a 2 hour period of time. Roadside exercises were performed on video, and the officer had the opinion that the driver performed poorly. After being arrested, the driver was asked to submit to a breath test and she agreed. The results were .177, .170, more than twice the legal limit. The firm challenged the legality of the stop, detention and the arrest. The Court agreed with the defense and granted the motion, excluding all evidence in the case. As a result, the State dropped all charges!   07/14/2011 20XXCXXX63XXAXX NO CONVICTION AS CHARGED DUI The Defndant was passed out behind the wheel of his vehicle. The officers attempted to wake up the defendant by banging on all of the windows but could not get him up. After numerous tries, the back window of the vehicle had to be broken in to get to the Defendant. The officers were unable to wake him up because he was passed out completely with the car running at the stop light. EMS came and had to rub his chest to wake him up. He smelled of alcohol and had slurred speech with red, glassy eyes. He was unable to perform the roadside tasks. When he was brought back to the breath facility, he refused to give a sample of his breath. He told the officers it was his birthday, which it was. He then said "he had a good time last night and drank about 5 or 5 drinks." The State of Florida reviewed the case and ultimatley decided to decline the filing of the criminal charges for Driving Under the Influence.   07/11/2011 20XXCT0XXX28X2XX NO CONVICTION AS CHARGED Driving Under the Influence The Defendant was stopped for traveling 60 miles per hour in a posted 40 mile per hour zone. She attempted to get out of her car and had to be warned to stay in. She had difficulty following requests for her documents and had an odor of alcohol, red glassy eyes and admitted to consuming alcohol from her work (where she was coming from). She also had slurred speech and was being argumentative. She was asked to step out of the car to perform roadside exercises. She was unable to maintain balance during the walk and turn, started before being told to, missed several heel to toe steps and had to stop and steady herself. She never counted out loud as instructed. She performed poorly on the one leg stand, finger to nose and then incorrectly recited the alphabet. She was arrested and transported to the Breath Facility where she had an extremely flushed face, droopy eyes and looked impaired. The Firm filed numerous motions including a motion to suppress for a lack of probable cause for arrest, a motion to exclude portions of the roadsides for the officer's failure to record all of it and a motion to exclude the alphabet task because of a constitutional violation. On the day of the hearing for the motions, the State of Florida dismissed the DUI charge.   07/05/2011 20XXXM1XX20 NO CONVICTION AS CHARGED Possession of Marijuana A Florida Trooper pulled over a vehicle for speeding in which our client was seated in the front passenger seat. The trooper noted a strong odor of burnt marijuana coming from the passenger compartment as he approached the car. Upon the trooper’s questions, the male driver admitted he had marijuana in the car, and claimed the drugs were in a backpack belonging to our client. The trooper searched and found marijuana inside a “Hello Kitty” backpack which belonged to our client. The trooper arrested both the driver and our client claiming they were in joint possession of the marijuana. The firm’s attorney met with the Assistant State Attorney and convinced the prosecutor to drop all charges against our client.   06/30/2011 1XX-00XXX54MXX10A NO CONVICTION AS CHARGED DUI and Operating without Valid DL The police set up a DUI checkpoint in Miramar. The defendant was driving towards the checkpoint with his high beam headlights on. After passing the designated last point of exit prior to the checkpoint, the defendant pulled into the parking lot of a business. The police approached him based on seeing the high beam lights, avoidance of the checkpoint and the fact that the officer claimed he could see that the defendant was not wearing a safety belt. Upon making contact with the defendant, the officer noticed that he appeared to be intoxicated. The defendant performed poorly on roadside exercises. The results of the breath test indicated that the defendant was above the legal limit. The firm argued a motion to suppress based on the stop of the defendant’s vehicle. The judge granted the firm’s motion to suppress. All charges were dismissed.   06/24/2011 20XXCXXX50XXAXX NO CONVICTION AS CHARGED Driving Under the Influence A 911 call came in for a driver all over the road and driving up on medians and swerving everywhere. When the officer pulled up to this vehicle the caller was pointing to the Defendant's car. The officer followed the Defendant where he failed to stop at a steady red light. The officer stopped the Defendant and smelled an odor of alcohol on his breath. His speech was slurred and his eyes were bloodshot and glassy. When he was asked out of the car he immediately put his hands up in the air. The Defendant said that he was refusing to do anything. He was arrested and put in the back of a patrol car. The ride to the Police Station was caught on video where the defendant passed out within seconds of getting in the car even though the ride to the police station was only one minute long. The Defendant's speech sounded relatively slurred on video at the station and he refused to submit to a breath test. After pointing out inconsitencies with the report and the officers sworn testimony at the administrative hearing regarding the Defendant's license, the State of Florida dropped the DUI charge.   06/22/2011 1X-CXXX-0XXX4 NO CONVICTION AS CHARGED Third Degree Felony- Driving on a Suspended License as an Habitual offender On February 15, 2011, the Defendant was involved in a traffic accident caused by another driver. The defendant’s driver’s license was suspended due to her Habitual Offender Status. She was charged with Third degree felony of Driving with a Suspended License as a Habitual Offender. At the plea conference our attorney were able to convince the State Attorney to drop all Felony Charges.   06/16/2011 20XXXXX4X50AXX NO CONVICTION AS CHARGED 2nd DUI An Officer responded to a Mobil Gas station in reference to a call regarding a drunk driver. The clerk at the gas station notified 911 after a male subject operating a cream colored Mitsubishi was being aggressive towards other customers. The Defendant was allegedly sitting in the driver’s seat of his car while impaired according to the clerk. When the officers arrived, the car was on the northern side of the gas station with a flat left front tire. The Defendant came out of the business and identified himself. He immediately told the officer that he was “drunk” and “needed help.” He had bloodshot/watery eyes, an odor of alcohol coming from him and said that he struck a curb flattening his tire but didn’t know where. He was slurring his words and saying he was “so wrong”. Customers were complaining that the Defendant was cursing at them for not helping with the flat tire. The citizen said that the Defendant moved the car from one of the pumps to the place it was parked. During roadsides, the Defendant said that he “just can’t do this” and could not comprehend the officers due to his impairment. He was arrested for DUI and gave a breath sample of .229 and .247. The Firm filed a motion to suppress and submitted the motion with case law and a letter to case filing with the State Attorneys Office alleging that the Defendant was arrested without probable cause that he was in actual physical control of his vehicle. The State agreed and declined to file any charges against the Defendant.   06/13/2011 20XX-XT-1XXXXX7 NO CONVICTION AS CHARGED DUI The Defendant was stopped for following to close. According to the officer, the defendant was 10 feet behind another vehicle while traveling at 45 mph. The officer approached the vehicle and smelled alcohol, and then noticed the defendant to have bloodshot eyes and slurred speech. He asked the defendant if he had been drinking and he stated that he had 3 drinks earlier at a friend's house. The officer requested that the defendant perform field sobriety exercises. According to the officer, the defendant performed poorly. He was then arrested and blew a .246 and .232. After almost 2 years, the Firm managed to get the case dismissed.   06/10/2011 20XXCTXXXX53XX7AXX & 20XXMXX00XXX9 SC NO CONVICTION AS CHARGED Violation of Probation for Driving Under the Influence and Domestic Battery The Defendant was charged with Domestic Battery for an altercation that took place with her husband. She was allegedly extremely intoxicated at the time of the incident. The Defendant was on probation for Driving Under the Influence and a warrant was issued for her arrest to take her into custody without a bond. The Firm filed a motion to surrender her in court and the State agreed to release the Defendant without taking her into custody. After lengthy dealings with the State Attorney on the Domestic Battery case, the charges were ultimately not filed and the Violation of Probation was dismissed. The Defendant was terminated off probation successfully.   06/03/2011 2XXXCT01XXX22AXX NO CONVICTION AS CHARGED Driving Under the Influence (Enhanced) On November 7th, 2010, an officer with the Palm Springs Police Department observed the Defendant’s vehicle swerving between the lanes of traffic. The vehicle moved to the left crossing the solid line and then corrected. The vehicle then crossed over the right side lane markers twice and corrected back to the lane. The vehicle then crossed in front of the path of another vehicle while making a U-Turn and the other vehicle had to slow down. As the officer got behind the defendant, he crossed over to the left driving along the lane markers and had to correct. The Defendant was stopped and the officer noticed an odor of alcohol. The Defendant admitted to drinking 2 beers. A DUI officer came to the scene and saw the Defendant had red, glossy eyes and continually told the same story over and over again about where he was going. His speech was slurred and he performed poorly on roadside exercises. When he was taken back to the jail, he gave two breath samples of .215 and .195. The Firm filed a motion to suppress arguing that the Officer stopped the Defendant without any reasonable suspicion of criminal activity. The video contradicted what the Officer had written in his reports. On the day of the hearing, after the State of Florida reviewed the motion and the video, they agreed and dismissed the charges for Driving Under the Influence.   06/01/2011 CXT-1X0-87XX7XXXXX NO CONVICTION AS CHARGED No Valid Driver’s License On October 25, 2010 Florida Highway Patrol Trooper stopped a 1990 Pickup Truck being driven by the Defendant. The Trooper stated the stop was for faulty equipment. Upon making contact with the Defendant, the Trooper learned that the Defendant did not possess a valid Florida Driver’s License. The Defendant also had 4 prior offenses for driving without a valid license since 2003. The State Attorney’s Office made an initial plea offer to the Defendant of 30 days in jail. The firm filed a motion to suppress the evidence based on an illegal detention. Results: The case was Dismissed by the State.   05/31/2011 20XXCTXXXX01XAXX NO CONVICTION AS CHARGED DUI The Defendant was driving on Federal Highway when an officer heard music loudly coming from his car. The Defendant was pace clocked traveling 56 miles per hour in a 45 mile per hour zone for 4 blocks. After being stopped, the Defendant would not look at the officer without him being told to do so, but instead just stared straight ahead as the officer spoke to him. The officer noticed that the defendant smelled of alcohol and his speech was slurred. His eyes were glassy and bloodshot. The Defendant admitted to coming from O’Briens Bar in Boca Raton and that he had a couple beers within the last 2 hours. The Defendant performed poorly on roadside tasks and then was arrested where he refused a breath test. The Firm filed a motion to suppress arguing that the video depicts the officer approaching the Defendant traveling at a speed of 56 miles per hour. Additionally, the Firm filed a second motion which depicts the defendant performing well on the roadsides arguing that the officer lacked probable cause to arrest him. After receiving the motions, the State of Florida declined to file any charges against the defendant on the very next day.   05/31/2011 CXXT-35X7XXXX NO CONVICTION AS CHARGED Leaving the Scene of an Accident On February 3, 2011, a Tampa Fire Department truck was on a call for service when it was parked on E. Kennedy Blvd. The flashers on the truck were activated and directional arrows were used to signal traffic around the vehicle. Two Tampa Fire Department employees while in the truck heard a loud crash and glass breaking. They looked up to see a truck with white lettering saying “Tire Buyers” driving by the parked emergency vehicle. The driver’s side mirror had been smashed by the passing vehicle. A Tampa Police officer tracked down the “Tire Buyers” vehicle and using the company’s GPS and driver logs identified the Defendant as the driver of the truck involved in the accident. The case was set for trial by the firm. Result: The State Dismissed the charge against the Defendant.   05/27/2011 CXXT-313XXXX NO CONVICTION AS CHARGED Knowingly Providing False Insurance On April 18, 2007, the Defendant was stopped for a routine traffic violation. Upon meeting with the Defendant, the Deputy learned that the Defendant did not have valid insurance. The Defendant was issued a criminal violation of knowingly providing invalid insurance. The Defendant did not set a courtdate as required for this type of citation so a warrant was issued for her arrest. The firm filed a motion to withdraw the warrant and set the case for trial. Result: The State Dismissed the charge against the Defendant.   05/26/2011 20XXCFXXX2XX1AXX NO CONVICTION AS CHARGED 3rd DUI within 10 years, Refusal to Submit to Chemical or Physical Testing, Battery on a Law Enforcement Officer and Resisting Arrest with Violence The Defendant was traveling 75 in a 45 mile per hour zone and sped past the officer who was traveling the speed limit. This was all captured on video. After being stopped, the Defendant was dazed and disoriented. His eyes were bloodshot and glassy and he had an obvious odor of alcohol coming from his mouth. He continued to make irrational statements as the officer spoke to him. His speech was slurred and started saying that someone with a loud exhaust pipe was playing with him. The Defendant handed the officer a Wachovia Bank credit card instead of his license, registration and insurance. First he said he had nothing to drink, then he said three beers and was trying to go home. When he got out of his car he was unsteady of his feet and had to hold the car for support. He stumbled where he was standing and then said “come on, I don’t want to refuse, just take me to jail.” He then said his attorney told him no and wasn’t playing this game and was continuing to slur his words. He kept putting his hands on his head and could not tell the officer where he even was. Additionally, he then said he did nothing wrong and began walking back to his car. He was arrested and began going into severe mood swings and had to be reminded of why he was arrested. He called the officer a “Skinhead” and other derogatory names. At the jail he was combative and violent in the holding cell to the point where he had to be restrained. The Firm carefully reviewed all of the documents and took sworn testimony from the arresting Officer. An affidavit was filled out alleging that the Defendant refused a breath test. The Defendant was never requested to take one. Additionally, after sworn testimony was taken, the arresting officer did a supplemental report changing his story from his original report and adding additional facts. After presenting all of this to the State Attorney, the DUI charge and Refusing to submit to the breath test were dismissed. Additionally, after an initial offer of over one year in prison, the Defendant was not convicted of any felony charges did not receive a day in jail.   05/26/2011 CXT-949XXXX NO CONVICTION AS CHARGED DUI On January 30, 2011 at 2:57 am, a Tampa Police Oficer observed the Defendant driving on Kennedy Blvd. After following the Defendant for a short distance, the Officer initiated a traffic stop for weaving and drifting within her lane. Upon making contact, the officer noted a distinct odor of alcohol on the Defendant’s breath. The Defendant’s eyes were bloodshot and she had an unsteady appearance. Field sobriety exercises were performed unsatisfactorily and the Defendant was arrested for DUI. The Defendant provided a breath sample of .133 and .129. The firm filed a motion to suppress the breath test and field sobriety exercises based on an illegal detention. Result: Before the motion could be heard, the State dropped the DUI charge.   05/25/2011 10XXX4XXXM1XX0A NO CONVICTION AS CHARGED DUI The police were flagged down by a motorist indicating that a car had been stopped in the middle of an intersection for a lengthy period of time. When the officer pulled behind the defendant’s car and turned on his emergency lights, the defendant drove into the wrong lane and headed towards oncoming traffic. Four cars had to swerve out of the way to avoid a collision. When the officer made contact with the defendant, he noticed the odor of alcohol on his breath, his eyes were bloodshot and his speech was slurred. The defendant admitted to drinking 4 beers at a bar that he had left just prior to being pulled over. The defendant refused to perform the roadside exercises. The officer arrested him for DUI and brought him to the BAT facility for a breath test. While at the BAT, the defendant performed poorly on 3 sobriety exercises and refused to take the breath test on video. The firm took the case to trial and jury returned a verdict of Not Guilty.   05/23/2011 1XXX085XXXF10A NO CONVICTION AS CHARGED Possession of Alprazolam The defendant had Alprazolam in her pocket when she had been stopped by police. She was not legally prescribed the medication and was looking at up to 5 years in prison. The firm was able to convince the state to allow her into a program to address her drug abuse issues. After completion of the program, the firm was able to get the charge dismissed.   05/23/2011 3XXXX1-XXXEXXX NO CONVICTION AS CHARGED DUI with Property Damage and Leaving the Scene of an Accident The Defendant was charged with DUI with property damage and leaving the scene of an accident. The Defendant gave a breath sample that was more than twice the legal limit. The Firm quickly set the case for trial and argued to the State Attorney’s office that the owner of the bar the Defendant was at before the arrest had attempted to assault her, and that was reason for her leaving the bar in her condition and her defense to the charges. The DUI with property damage charges were reduced and the leaving the scene charge was dismissed.   05/19/2011 1X-16XXXM1XX0A NO CONVICTION AS CHARGED Petit Theft The Defendant was seen by Loss Prevention/Security in a local department store taking earings out of the store without paying for them. After being detained and being Mirandized, the Defendant admitted to taking the earings without paying for them. The Firm was able to get the Defendant into a program that dealt with these types of cases. After successfully completing the program, the State agreed to drop the criminal charge.   05/13/2011 20XXCFXX18XXXXX NO CONVICTION AS CHARGED Carrying a Concealed Firearm and Resisting Arrest With Violence The Defendant was found to be in Royal Palm Beach after the Joint PBSO Task force was tipped off that he was there with outstanding warrants from Tampa for Armed Robbery. When the Officers got to the business, the Defendant was seen walking out of one of the car bays and walked into a different one. One of the Officers witnessed the Defendant take a firearm out of his pants and place it in a fridge. After leaving that car bay, the Officers ordered the Defendant to the ground. After he refused, he was taken to the ground by one of the officers. The Defendant resisted and at one point punched one of the officers in the leg. Eventually, the K-9 on scene was released and helped get the Defendant under control by biting the Defendant. After being arrested, the Defendant’s keys were found in his pocket to a Van. The Officers secured a search warrant for the van where 84 grams of marijuana was found on the passenger floorboard. The Defendant was arrested for the outstanding warrants and charged with Possession of Marijuana with Intent to Sell, Carrying a Concealed Firearm and Resisting Arrest With Violence. The Firm was able to convince the State of Florida that the Van was not the Defendant's and he therefore could not have known about the marijuana. The State agreed and declined to file those charges. The Firm pointed out discrepancies in the police reports regarding the Resisting charge. Finally, after lengthy negotiations with the State of Florida, all of the State criminal charges were dismissed against the Defendant.   05/09/2011 20XXXM00XXX98AXX NO CONVICTION AS CHARGED Possession of Marijuana and Possession of Drug Paraphernalia The Defendant was stopped for driving a vehicle with an inoperative headlight. After the officer smelled a strong odor of marijuana coming from the car he requested a back up officer. The officer located a plastic baggie in the tray next to the drivers seat which contained marijuana. Additionally, the Officer found a glass pipe with burnt marijuana residue. The Defendant admitted everything was his. After the Firm entered into negotiations with the Office of the State Attorney, the State of Florida dismissed all criminal charges against the Defendant.   05/05/2011 1XXX0163XXXM1X0A NO CONVICTION AS CHARGED DUI with Injury and Property Damage, Open Container and Careless Driving The defendant was traveling at a high rate of speed. He pulled behind a marked Broward Sheriff’s Office vehicle that had its emergency lights activated. He exited his vehicle, but forgot to put it into park. His car rolled forward striking the police car and causing damage. The police officer made contact with the defendant and noticed that he had trouble maintaining his balance and had the odor of an alcoholic beverage on his breath. The defendant admitted to having 2 or 3 beers, and his blood alcohol content was over the legal limit. This was the defendant’s second arrest for DUI. The Firm developed defenses and prepared for trial. Less than a week before trial, the State dropped all charges relating to the DUI.   05/04/2011 20XX-CXX-1XX5-E NO CONVICTION AS CHARGED DUI The defendant was stopped for speeding. The officer noticed that he had an odor of alcohol on his breath, his eyes were bloodshot, and his speech was slurred. She asked him to exit the vehicle and perform field sobriety exercises. He did exit the vehicle, but refused to perform the exercises. Instead, he requested an opportunity to give a blood sample. The officer declined his request and arrested him. They asked him at that point to provide a breath sample. He refused that as well and again offered to give a blood sample. His request was denied again. On the day of trial, just before the jury was called, the state dropped the DUI.   05/03/2011 20XXCXXX18XX2AXX NO CONVICTION AS CHARGED Violation of Probation for Driving Under the Influence The Defendant was charged with Petit Theft and Resisting an Officer Without Violence while on probation for DUI. In addition, the Defendant was alleged to have not completed her community service hours and not paying certain fees in a timely fashion. A warrant was issued for the defendant's arrest with a “no bond hold”. After lengthy negotiations with the State Attorney's Office, the Firm surrendered the Defendant in open court and she was released without having to turn herself into jail pending the outcome of the violation. The Firm had lengthy discussions with the State Attorney regarding medical defenses to the charged crimes of Petit Theft and Resisting Arrest Without Violence. After resetting the court dates for the new charges and the violation of probation, the State Attorney agreed to dismiss the affidavit for violation of probation and drop all the pending criminal charges against the Defendant.   05/02/2011 1X-05XXX77XXX0A NO CONVICTION AS CHARGED Driving With License Suspended and Speeding The defendant was pulled over for speeding. His license was suspended for refusing a breathalyzer when he was stopped for DUI 2 weeks prior. The Firm had been successful in assisting the defendant get a hardship license right after his DUI. Even though the defendant was not carrying the hardship permit with him the night he was stopped, the Firm convinced the State to drop both the Speeding violation and the Driving While License Ssuspended with Zero consequences for the defendant.   05/02/2011 1X-02XX9XXX10A NO CONVICTION AS CHARGED DUI The police arrested the defendant for DUI. According to the police, they came into contact with an individual who was improperly parked and passed out behind the wheel of his car. The car was still running when the police arrived. The officer had to knock on the window repeatedly in order to wake the client up. The defendant had red glassy eyes, slurred speech, flushed face, and the odor of alcohol emanating from his breath. He admitted to police that he had 3 or 4 beers. The police alleged that he was impaired and that he had actual physical control of the vehicle. After taking a number of depositions and preparing for trial, the Firm announced ready. On the day of trial, the State dropped the DUI charge completely.   04/27/2011 20XXCT0XX0XX0AXX NO CONVICTION AS CHARGED Driving Under the Influence (Enhanced) The Defendant was stopped for running a stop sign. After she was stopped she was asked for her license, registration and insurance. She handed the Officer her Social Security Card as her insurance. She smelled like alcohol, her eyes were bloodshot and glassy was and she was slurring her speech. Initially she said she had nothing to drink, then changed it to one beer. During the investigation, the Defendant fell over onto the floor after stumbling. She refused to submit to roadside exercises and was taken to jail. After being requested to submit to a breath test, she gave two samples of .184 and .173. The Firm hired a Private Investigator after reviewing the videotape of the alleged traffic infraction. The Officer gave inconsistent statements regarding the Defendant running the stop sign. After filing a motion to suppress arguing that the Officer was being less than truthful about what he saw, the judge granted the motion and suppressed all the evidence flowing from the stop. The State of Florida then dropped the charges for Driving Under the Influence.   04/26/2011 20XXCTXXX51XXXAXX NO CONVICTION AS CHARGED Permitting an Unauthorized Person to Drive a Car The Defendant’s daughter’s friend did not have a valid license and was stopped driving the defendant's car. After the Officer stopped the vehicle, he cited the defendant for permitting his daughter’s friend to drive the car. The Firm was able to convince the State Attorney that they could not prove that the Defendant knew that the daughter’s friend did not have a valid license. The State dropped the criminal charges against the defendant.   04/25/2011 20XXCTXX59 NO CONVICTION AS CHARGED DUI A Florida Trooper pulled the defendant over for speeding in Port St. Lucie. The officer noticed that the defendant had an odor of alcohol, her speech was slurred and her eyes were red and glassy. The defendant admitted to coming from a pub where she drank two beers. The defendant also told the officer that she knew she was impaired and that she shouldn’t be driving, but asked for leniency because she used to date another trooper. The defendant performed poorly on the filed sobriety exercises and was arrested for DUI. The defendant refused to provide a breath sample. The firm’s Treasure Coast attorney developed defenses that he believed would likely call for the defendant’s acquittal if the State were to take the case to trial. The prosecutor agreed and dismissed the DUI charge.   04/22/2011 1X-00XXX4XXM10AX NO CONVICTION AS CHARGED Driving While License Suspended: Habitual Offender The defendant was initially charged with a Felony Driving While License Suspended, facing up to 5 years in prison. The Firm researched the basis for the suspension and discovered that the defendant was designated as a habitual offender due to paying fines on certain traffic infractions. The Firm convinced the State to reduce the charge to a misdemeanor and was able to reopen the original traffic infractions. After presenting further arguments to the State, the case was ultimately dismissed.   04/19/2011 20XXCTXX00XX51 NO CONVICTION AS CHARGED Violation of License Restriction The defendant was charged with violating a business purposes only license. The officer at the scene assumed that because client was leaving a bar that he was not there for a business purpose and was therefore violating his license restrictions and charged him with a criminal offense. The Firm set the case for trial and all charges were dismissed.   04/05/2011 20XXCFXX55XX4AXX NO CONVICTION AS CHARGED Grand Theft (1st Degree over $100,000.00) The Defendant’s wife worked for a company for a period of 2 years. The Defendant owned his own landscaping maintenance service. During that period of time the Defendant’s wife worked for the victim, she directly wired over $450,00.00 worth of money from the company she worked for to creditors of the Defendant’s and the Defendant’s wife and family members. These monies were used to pay credit card bills, mortgage payments, car payments, tuition for the Defendant’s daughter and numerous other family bills. Through discovery, the Firm discovered that none of the monies were moved into either the personal account of the Defendant or the Defendant’s business bank operating account. Additionally, the Firm took the Deposition of the Officer as well as the accountant who discovered the wrongdoing on the part of the wife. After listing the Defendant’s wife as a witness, the State of Florida set her down for a sworn statement. On the day of the Calendar Call (a week before the trial), the State of Florida announced that they would be dropping the charges against the Defendant because they were not able to prove the allegations against him. All charges were dropped against the Defendant.   04/04/2011 20XXXCXX003XX8 NO CONVICTION AS CHARGED Allowing Unauthorized Person to Drive The Defendant was driving with his father on Florida’s Turnpike when he fell ill with food poisoning. The Defendant's father, who did not have a valid driver’s license due to immigration complications, decided to drive so he could get his son safely home. A Trooper with the Florida Highway Patrol pulled the father over for speeding. The trooper not only wrote a criminal citation to the father for No Valid Driver’s License, but the trooper also wrote the son a criminal citation for Allowing an Unauthorized Person to Drive, even though he was laying in the back ill. The Firm’s Treasure Coast Attorney immediately discussed the case with the prosecutor and explained the surrounding circumstances. The prosecutor dropped all charges.   04/04/2011 0X-02XXX1MXX0A NO CONVICTION AS CHARGED Battery and Disorderly Conduct The defendant was accused, along with another individual, of punching the victim in the chest. Police were called as a result of the disturbance. When police arrived, the defendant was sitting in his car, while two other individuals were engaged in an argument. Based only on the word of the alleged victim and his girlfriend, the police arrested the defendant. The Firm set the case for trial. The State dismissed both counts.   03/31/2011 20XXCXXF00XXX7 NO CONVICTION AS CHARGED Felony Driving While License Suspended The defendant was charged with Felony Driving While License Suspended and was offered more than half a year in jail by the State Attorney. The Firm filed a motion on his behalf to dismiss the felony charges as they should only be misdemeanor charges. The State submitted and dropped the felony charge to a misdemeanor with no jail.   03/30/2011 20XXCXT00XXX39 NO CONVICTION AS CHARGED Driving on Invalid license The defendant was charged with Driving on a license that was not valid. The officer cited as the reason for the traffic stop that there was a necklace obstructing the view of the client in his vehicle. The Firm filed a motion to suppress the stop and the State Attorney agreed with the grounds for said motion and dismissed all charges.   03/24/2011 CXT-X840XXXXX NO CONVICTION AS CHARGED DUI On October 22, 2010 the Defendant was observed about four car lengths ahead of a Tampa Police Officer’s car in the left lane. The Defendant’s vehicle repeatedly drifted from side to side. The vehicle was drifting on and off the lane marker. The officer decided to stop the vehicle for a suspicion of DUI. Upon making contact with the Defendant, the officer immediately smelled the distinct odor of alcohol coming from the Defendant’s breath. The Defendant’s eyes were bloodshot and glassy. The Defendatnt provided inconsistent responses to the initial questions by officer. The officer had the Defendant exit the vehicle to perform field sobriety exercises. The Defendant exhibited all six possible clues of impairment on the horizontal gaze nystagmus test. The Defendant performed unsatisfactorily on both the Walk and Turn and One Leg Stand tests. Based on her performance on these field sobriety exercises, the Defenant was placed under arrest for DUI. The Defendant was then requested to provide a breath sample to determine her breath alcohol content. She refused to provide a breath sample. Result: The case was set for trial but before the trial date, The State dropped the DUI charge.   03/23/2011 20XXCXX35XX41AXX NO CONVICTION AS CHARGED Driving Under the Influence Facts: Officers reported to the scene of an alleged altercation between a male and female. One of the officers made contact with the female who he saw was driving a blue Mazda 4 door vehicle. She was backing the vehicle out of a parking space as the officers arrived on scene. The Defendant opened the door immediately and started screaming and cursing at the officer before he even introduced himself or explain why they were there. The Defendant stated she was looking for a phone battery and wanted him to “leave her the f@** alone.” The officer noticed the defendant had red/bloodshot eyes, slightly slurred speech and an odor of alcohol coming from her breath. The Defendant’s boyfriend stated that the Defendant was driving in an out of control manner going more than twice the speed limit, swerving in and out of traffic and casing him to fear for his safety. He was finally able to convince her to pull over and let him drive but she then threatened to leap out of the car if he kept driving. They pulled over again and she got back into the driver seat where she was seen by officers attempting to leave. The Defendant’s boyfriend told the officers that the Defendant consumed several glasses of wine prior to driving and that she had some hard liquor. He gave a sworn statement to that effect. The Defendant was asked to perform roadsides which she hesitantly agreed to do. She answered every questioned posed by the officer by saying “I have a medical condition for that.” After performing poorly on the exercises, the Defendant was taken back to the jail where she gave a breath sample of .120 and .116. The Firm filed a motion to suppress arguing that the Defendant was misadvised when she was requested to submit to the breath test and therefore coerced into giving her breath samples. The State of Florida agreed to the motion and agreed to exclude the breath. Subsequently, because of the loss of that evidence, the State agreed to drop the charge for Driving Under the Influence of Alcohol.   03/11/2011 2XXCT0XX9XX9AXX NO CONVICTION AS CHARGED DUI The Defendant was stopped for running a red light. The officer made contact with the defendant who noticed that the defendant’s speech was slurred, his eyes were bloodshot and glassy and he smelled an odor of alcohol coming from him. The officer asked the defendant to perform roadsides exercises which he agreed to. The defendant had numerous clues of impairment on the walk and turn and put his foot down during the one leg stand while using his arms to balance himself. The defendant admitted to drinking 4 beers one hour before he drove his car. After arresting the Defendant, he gave two valid samples of his breath which yielded results of .067 and .068. A urine was not requested from the Defendant. The State of Florida originally filed the charges of Reckless Driving and offered the Defendant a conviction for the crime with numerous special conditions including DUI school, community service and fines and court costs over $500.00. The Defendant rejected the plea offer when the State of Florida then amended the charges to Driving Under the Influence of Alcohol. Result: After showing up at the final court date to announce ready for trial, the State of Florida dismissed all the criminal charges against the Defendant.   03/10/2011 20XXCXX006XXX3 NO CONVICTION AS CHARGED Violation of License Restriction The defendant was charged with violating the terms of a business purposes only license that was issued for a Habitual Traffic Offender Suspension. The defendant was offered 30 days in jail for this offense. The defendant was driving on the day in question to purchase a sweater for work as his work required him to be outside during winter months. Believing that the defendant was not operating outside the law by purchasing clothing for work on a business purposes only license, the Firm set the case for trial. All charges were dismissed by the State as a result.   03/04/2011 2XXX-XT-00XX21-AXO NO CONVICTION AS CHARGED DUI The defendant was stopped by police shortly after leaving a City Walk restaurant and charged with DUI. Through motions, certain evidence was excluded from his trial. We went to trial on 3/3/11 and the jury took five minutes to find the defendant not guilty.   03/03/2011 2XXXCT0XX5X2AXX NO CONVICTION AS CHARGED Driving Under the Influence (2nd within 5 years) The Defendant was seen by a Delray Beach Police Officer revving her engine and traveling at a high rate of speed. As she passed the Officer, she tailgated another vehicle and then jerked her wheel to the left when there was heavy pedestrian traffic in Downtown Delray. The Defendant was stopped and the Officer noticed an odor of alcohol, slurred speech and bloodshot/glassy eyes. She also had slow dexterity, a flushed face and mumbled speech as well. She appeared to be searching around her car as if she was looking for something. She first stated to the Officer that she had 2 vodka drinks and then after Miranda was read she said she had the two drinks and lunch and nothing after. She was asked to perform roadside exercises which she started performing but then refused and said “just take me to jail.” She was not performing well on the walk and turn when she made that statement. The Officer cited her for Following too Closely and for Careless Driving. While at the jail, she refused to give a sample of her breath when asked and then stated that “she got out of a ticket in Broward and I know I’ll get out of this DUI because my friend is an Air Marshall.” She also stated that she can feel the effects of the alcohol on video as well. The Firm filed a motion to suppress arguing that the Officer stopped the Defendant without probable cause that a traffic infraction occurred and without reasonable suspicion of criminal activity. The driving pattern was all captured on the Officer’s dash cam in his car. The Firm called the driver of the “alleged tailgated vehicle” who testified she never followed her too closely. The video showed that the Officer could not possibly have seen how close the Defendant’s vehicle was to the car she allegedly tailgated. Additionally, the firm argued that she was behind this car for mere seconds and therefore was also not technically “following” the vehicle. Additionally, after cross examination, the Office of the State Attorney conceded that there was no careless driving. Result: The Judge granted the motion and the State dismissed all the charges against the Defendant.   02/16/2011 20XXCTXXX43X3AXX NO CONVICTION AS CHARGED DUI The Defendant was seen driving on a closed golf course late at night. His car could be seen jumping up and down over the hills on the course. As he pulled out, he was stopped by an officer where he told the officer “you caught me.” That officer noticed that the defendant’s eyes were bloodshot and glassy, his speech was slurred and he had an odor of alcohol coming from his breath. A DUI officer was ordered to respond. That officer noticed that the Defendant’s face was flushed, he was sweating and his mouth was dry with white residue on the corners of his mouth. He admitted that he had a whisky drink earlier. After asking him to step out of the car, roadside tasks were requested from the Defendant. The Defendant’s eyes were checked by the first officer before the start of the roadsides. During the roadsides, the Defendant asked “Am I going for DUI?” The Defendant was cooperative at first but then became angry and uncooperative with mood swings. According to the arresting officer, the Defendant performed poorly on the roadsides. These were all recorded and on video. After roadsides were completed, the arresting officer and 2 other officers conversed on the video. They could be seen talking but the audio was muted (which the arresting officer admitted to doing in a sworn deposition). Two separate officers then checked the Defendant’s eyes again. One of the officers on scene testified in a sworn deposition that he was ordered by his Sergeant to take notes and follow this arresting officer during his DUI investigations. He said he turned those notes over to the Seargant. After the Firm filed a motion to compel those notes, the State of Florida indicated that they did not exist. None of the officers would divulge what conversation took place during the muted portion of the video. The Defendant was then taken into custody and taken to the Breath Alcohol Testing Facility where he refused to give a sample of his breath. The Firm filed a Motion to Dismiss based upon Procedural Due Process Grounds arguing that the State of Florida purposely destroyed and concealed exculpatory evidence due to the Officer’s actions. After reviewing all of the depositions and the entire case, the State of Florida agreed and dismissed the charges for Driving Under the Influence.   02/16/2011 0XX-23XXX5MXX10A NO CONVICTION AS CHARGED DUI A Trooper from the Florida Highway Patrol saw the Defendant slumped over toward the passenger seat in his vehicle while at a green light. The Trooper pulled behind the Defendant’s vehicle with his emergency lights on. The Defendant’s vehicle then began to travel forward and pulled over on a side street. The officer noticed the Defendant to have the odor of an alcoholic beverage, bloodshot and watery eyes, slurred speech. The Defendant also admitted to “having a few beers at my girlfriends’ place”. The defendant was asked to perform roadside sobriety exercises. He stepped off of the line and had large gaps between his feet on most steps and failed to turn properly. The Defendant was extremely unsteady and could not keep his foot off the ground during the one leg stand test. The defendant also could not even say the alphabet. Thereafter the Defendant was arrested for DUI and registered a .171/.165 g/210L on the breath test, over two times the legal limit in Florida. The Firm Filed a Motion to Exclude the Breath Test based upon a FDLE agent falsifying and manipulating calibration of the Defendant’s breathylizer. The Motion was granted by the Judge and all DUI charges were dismissed.   02/14/2011 20XXCTXXX46X4 NO CONVICTION AS CHARGED DUI A Martin County resident was involved in a serious crash when she drove her car underneath a tractor trailer. She received a serious head injury and had to be excavated from her car. A Florida Highway Patrol Trooper alleged that the defendant showed signs of impairment including a strong odor of alcohol and bloodshot eyes. At the hospital, the trooper requested the driver to provide a sample of her blood so that it could be analyzed for alcohol. The driver refused. The trooper eventually filed a warrant for her arrest charging her with DUI. Once hiring The Ticket Clinic, the Firm’s Treasure Coast Attorney, Stephen Smith, immediately demanded a speedy trial. In response, the Prosecutor scrambled to subpoena the client’s medical records from the hospital to gain evidence of her blood alcohol content. In response, counsel filed legal documents that sought to prevent the prosecutor from obtaining the medical records under the client’s right of privacy. The prosecutor was unable to obtain any evidence of the client’s blood alcohol content and therefore offered to amend the charge to reckless driving if the client agreed to resolve the case. The client refused the offer upon the advice of counsel. As predicted by counsel, on the day of the trial, the prosecutor Dismissed the DUI which completely Exonerated our client.   02/11/2011 1XX-13XXXXXM10A NO CONVICTION AS CHARGED DUI The Defendant was seen speeding at 80 mph at the Fort Lauderdale International Airport. Broward Sheriff’s Deputies intercepted and stopped the Defendant’s vehicle just as it entered I-595. The Defendant was thrown out of the vehicle by the officers at gunpoint immediately after being stopped. He was then thrown to the ground, manhandled by the two officers and then handcuffed. The Defendant was then lifted off the ground by the officers and was then observed to have the strong odor of an alcoholic beverage; slurred speech; flushed face; bloodshot eyes and the inability to maintain his balance. The Defendant was then required to participate in the HGN roadside exercise, which revealed the Defendant was obviously impaired. The Defendant was asked if he had been drinking and responded “You got me man, I’m drunk” and “I just drank two full pitchers of beer at the airport before I left”. The Defendant was arrested for DUI and refused the breath test. The firm filed a Motion to Suppress based upon multiple search and seizure issues, all of which were granted by the court. The State dismissed all charges against the Defendant.   02/08/2011 20XXXT0XX742 NO CONVICTION AS CHARGED Refusal to Submit to Breathalyzer A Port St. Lucie client was charged with two criminal counts, count 1: Felony DUI and count 2: Refusing to Submit to the Breathalyzer. Florida Law makes it a crime for a person to refuse to submit to a breath test twice or more in their lifetime. The prosecutor had the simple task of proving our client refused the breath test twice, which the client’s driving record and evidence would clearly show. The Firm’s Treasure Coast Attorney first took the Felony DUI charge to trial and won with a NOT GUILTY verdict. The Firm’s Attorney declined a plea offer on count two and demanded a jury trial. The prosecutor refused to face the Firm’s attorney in trial again and dismissed count 2. Therefore, the client was Exoerated of all charges.   02/02/2011 20XXCXXX03XX42 NO CONVICTION AS CHARGED Felony DUI The defendant was arrested by the Port St. Lucie Police Department for his 3rd DUI, a felony charge. The defendant, a non-citizen of the United States, was facing 5 years in prison, a felony conviction and certain deportation back to Haiti. The Firm worked tirelessly to protect our client. According to police reports, the defendant was first noticed by police when he drove up behind a sergeant’s vehicle at a high rate of speed. The Sergeant pulled over and allowed the defendant to pass. The sergeant began to follow the defendant and observed the defendant “driving all over the road.” After pulling the defendant over, the sergeant smelled a strong odor of an alcoholic beverage and believed the defendant was “wasted.” The sergeant called for a DUI officer to investigate. The DUI officer noted that the defendant not only had a strong odor of an alcoholic beverage emanating from his breath, but also had slurred and mumbled speech, and watery eyes. The officer requested the defendant to perform field sobriety exercises and noted that they performed poorly and had an “extremely difficult time following instructions” on the first four exercises. The officer also noted that the defendant refused to complete the fifth exercise as well as refusing to submit to a breath test. The defendant's poorly performed exercises and difficulty in following instructions were captured on the officer’s dashboard camera. The Firm’s Treasure Coast Attorney immediately began formulating a defense. First, the attorney recognized the client’s primary language was Creole. However, the video revealed the officer never attempted to call for a Creole speaking officer, despite the client’s repeated statements that he did not understand the exercises. Furthermore, through investigation, the Firm’s attorney was able to discover the arresting officer was fluent in French, the language Creole is derived from. Yet the officer chose not to communicate in French. Additionally, the firm’s attorney discovered that prior to the defendant performing the exercises, he had informed the officer of a severe knee injury. The evidence revealed the officer clearly discounted this information in his assessment. Lastly, the firm’s attorney discovered audio conversations between the sergeant and officer that suggested they performed their investigation with bias and prejudice towards our client. The firm’s attorney brought these facts in front of a jury. The client was found Not Guilty of Felony DUI.   01/31/2011 09-13XX6XXXMXXM10A NO CONVICTION AS CHARGED DUI The Defendant was observed by a Broward Sheriff’s Deputy driving a moped and making a wide left turn. A traffic stop was effected and the Deputy observed the defendant to have the odor of an alcoholic beverage; bloodshot eyes, flushed face and mumbled and slurred speech. The Defendant stepped off the moped and was extremely unsteady on his feet and stated that “he had nothing to drink”. The DUI investigator arrived on scene and made identical observations to that of the stopping officer. The defendant was asked to perform roadside exercises and performed very poorly, to the extent that he took 17 steps up and 19 steps back on the walk and turn exercise when he was only to take 9 steps up and back. The Defendant was arrested for DUI and provided a breath sample of .156 g/210L and .152g /210L. The Firm was able to provide evidence that the Defendant’s friend was the actual driver of the vehicle and the State dropped all DUI charges. This was the Defendant’s second DUI within a few months. The firm was able to get his other DUI dismissed as well.   01/27/2011 20XXCTXXX98X3AXX NO CONVICTION AS CHARGED Driving Under the Influence The Defendant was seen by a Boca Raton Police Officer fail to come to a complete stop at a steady red light when making a right. As the officer followed him he observed the Defendant strike a curb while weaving out of the lane and then quickly correct the vehicle back to the right. As the Defendant approached a red light, he failed to stop at the stop bar when going through the light. The officer pulled the Defendant over and approached the driver’s door. The Defendant through a cigarette out the window as the officer approached and the officer asked the Defendant if he knew why he was pulled over. The Defendant said he knew he struck a curb. The officer then noticed that the Defendant’s breath had an odor of alcohol, his eyes were bloodshot and glassy. When asked for his license, insurance and registration, he fumbled around and couldn’t find the registration. He was asked to step out of the car to perform roadside exercises where he admitted he got off work around 11:30 p.m., went to a bar and drank four beers. When he got out of the car, he now had mints in his mouth when they weren’t there at the time of the stop. During the walk and turn, he stepped out of position on the instructional phase, stumbled on his 4th and 9th steps out and had to ask questions about how to turn around. He then stumbled on his fourth step back. During the one leg stand he put his foot down more than 4 times and used his arms to balance way off the sides of his body. He never touched the tip of his nose during the finger to nose exercise and swayed during the alphabet task. He was arrested for DUI and taken to the police station where he submitted to a breath test. He blew a .124 at 2:33 a.m. and again a .124 three minutes later. While on video and at the police station before he gave the breath sample he continually questioned the officers about whether he should take the test and then informed them that this would affect his job big time if he got a DUI. The Firm took the case to trial in front of a jury and brought out numerous inconsistencies with the arresting officer’s testimony. Additionally, the breath operator and maintenance technician were vigorously cross examined regarding whether the Defendant was above a .08 at the “time he was driving.” The jury returned a verdict of not guilty of DUI.   01/27/2011 1X-14XXXM1XX0A NO CONVICTION AS CHARGED Solicitation of Prostitution The Defendant was pulled over by officers from the Broward Sheriff’s Office for unlawfully violating a red light while traveling with a female passenger. The Defendant and passenger were we both required by officers to exit the vehicle. The officers then questioned the Defendant about what he had been doing with the female passenger, but did not see any criminal act of prostitution or other crime. The Defendant admitted to the officers that he had paid the female passenger for sex hours earlier. The officers issued a Notice of Appearance in lieu of arrest for Soliciting a Prostitute. The firm filed a Motion to Suppress on grounds that the Defendant’s statement was inadmissible because the officers, outside of that statement, had no evidence that the “body of the crime” had been committed. The State conceded to our Motion and all charges against the Defendant were Dropped.   01/25/2011 20XXXT00XX881 NO CONVICTION AS CHARGED Failure to Register Vehicle A Stuart Police Officer initiated a traffic stop on the defendant. The officer arrested the defendant for failing to register a trailer that he was towing. After hiring The Ticket Clinic, the Firm’s Treasure Coast Attorney researched the facts and determined the apparatus towed by the defendant was actually considered a “tow dolly” and not a “trailer” as defined by Florida Law. Unlike a trailer, a tow dolly is not required to be registered in the State of Florida; therefore, the arrest was not valid. The Prosecution dropped all charges based on this research.   01/25/2011 1X0-1XX25XXF10A NO CONVICTION AS CHARGED Leaving the Scene of the Accident with Injury On July 26, 2010, the Defendant was driving home and crashed into a vehicle that was parked behind another vehicle that was being loaded onto a flatbed truck. The Defendant exited his vehicle and ran off to his home that was only a short distance away. Witnesses were brought from the scene to the Defendant’s home and identified the Defendant as the driver who was involved in and caused the crash. Other persons at the scene of the crash, were severely injured. Based on the firm’s investigation of the case, the state dropped all charges.   01/24/2011 XXX0-1206XXXF10A NO CONVICTION AS CHARGED DUI-Serious Bodily Injury, Leaving the Scene of an Accident with Injury - Felony The defendant was on his way home in the early hours of the morning and was involved in a traffic crash that resulted in a passenger in the other vehicle being thrown from the bed of a pick-up truck. That passenger suffered serious injuries to his back and neck. Law enforcement was called to the accident scene and witnessed the defendant walking away from the scene of the accident in an effort “to call a tow truck”. Upon making contact with the defendant, law enforcement noticed only the odor of an alcoholic beverage. Thereafter, the Defendant was detained and was administered roadside sobriety exercises. The Defendant performed poorly during the roadside sobriety exercises and stated that they were “hard”. The Defendant was arrested for DUI and was requested to submit to a breath and urine test, which he refused. The Defendant was charged with felony charges arising out of this incident and based on our investigation into the request for breath and urine test and into the probable cause determination to do roadside exercises, charges all were dropped.   01/21/2011 20XX-CCXXT-00XXX3 NO CONVICTION AS CHARGED Driving on Suspended License The defendant was charged with driving on a suspended license. The defendant’s license was suspended for DUI and a drug conviction suspension. The State’s offer to resolve the case was jail time. The firm filed a motion to suppress the identity of the defendant as a result of a defective traffic stop. All charges were dismissed.   01/19/2011 20XXCT0XXX1X2AXX NO CONVICTION AS CHARGED Driving Under the Influence The Defendant was clocked going 75 mph in a 55 mph zone on Southern Boulevard. After being stopped, the Officer noticed he smelled alcohol on the Defendant’s breath, his eyes were bloodshot and glassy and his speech was slightly slurred. In addition, he was fumbling through his wallet looking for his documents. After he couldn’t find them, he told the officer he must have left his license with his credit card at the bar he was at and where he consumed some drinks. The officer asked him to step out of the car and he stumbled forward. He told the cop that “he was sorry” and that he “was not drunk.” The officer then asked the Defendant whether he would submit to roadside exercises to which the Defendant stated he would rather give a blood test. The officer stated that he could not do that now. The Defendant then refused the roadside exercises and was arrested. The Officer then searched the Defendant’s car where there was a blue cup in the center console which smelled like alcohol. The Defendant was taken to the Breath Facility where he was asked to submit to a sample of his breath. He refused to give a breath sample while asking for a blood test. The firm took the case to trial and the Defendant was found not guilty.   01/14/2011 CTXX2090XXXX NO CONVICTION AS CHARGED DUI On 7/4/10 at approximately 3:23 am a Deputy was operating stationary radar on Hillsborough Ave and Countryway Blvd. He observed a 2009 Ford Mustang traveling at a high rate of speed. The radar produced a result of 65 mph in a 55 mph zone. The Deputy activated the lights and siren with the driver very slow to respond. The Depty had to pull along side the vehicle to get the vehicle to pull over. The vehicle then came to a very jerky, quick stop. Upon approaching the driver’s side window, the Depty noticed a very strong odor of an alcoholic beverage coming from the Defendant who was driving the vehicle. The Depty also noticed bloodshot, glassy eyes and an intoxicated appearance on the Defendant. The Defendant immediately told the Deputy she was speeding because her insulin pump was low. She also advised that she had consumed several vodka and cranberry drinks at The Roundup. The Defendant submitted to the field sobriety exercises but did not perform them to the satisfaction of the Deputy. The Defendant was placed under arrest and refused to provide a breath sample. Results: The case was set for trial and the State Attorney’s office dropped the DUI charge.   01/14/2011 0X-2XXX9XXM10A NO CONVICTION AS CHARGED DUI causing Property Damage Refusal to Submit to Testing Officers from the Sunrise Police Department witnessed the Defendant smash his vehicle into an electronic gateway entrance for a residential development in the City of Sunrise. A traffic stop was conducted after the Defendant passed through the gate that he just crashed into. The officer asked the Defendant if he was ok after the crash and the defendant responded that “he was in Weston dropping off the girls.” Observations were made of the Defendant including, but not limited to: the odor of an alcoholic beverage; flushed face; bloodshot eyes; and unsteadiness on his feet. The Defendant was then asked to perform roadside sobriety exercises and asked if he had any ailments that would prevent him from doing the exercises. The Defendant responded “I have a mosquito bite that needs treatment”. The Defendant performed poorly on the roadside exercises to the extent that they had to be stopped because he was so severely impaired. The Defendant refused a breath test. During the investigation of the case, the firm discovered that the arresting officer had no independent recollection of the incident involving the Defendant. The firm then filed a motion to exclude him as a witness for trial, to which the state conceded. All DUI charges were dropped.   01/13/2011 20XX-CXX-00XXX431 NO CONVICTION AS CHARGED 3rd DUI in 10 years The defendant was discovered by police driving a vehicle after a clerk warned officers on the scene of a person drinking beer in the parking lot. Officers then made contact with the defendant and discovered that he had signs of impairment. The officers then detained him for over an hour while they waited for a DUI investigator to arrive at the scene. At which point roadside sobriety exercises were conducted and the defendant was taken to jail where he gave a breath sample in excess of the legal limit. Defense counsel filed a motion to suppress the DUI investigation based upon the fact that the defendant had been detained for too long on too little evidence. The defendant was cleared of all DUI charges and the case was dropped.   01/13/2011 20XXCXXX03733 NO CONVICTION AS CHARGED DUI An off-duty Martin County Sheriff’s Deputy observed the defendant driving on Interstate 95 during Labor Day Weekend. The defendant was observed failing to maintain a single lane, driving completely off the roadway on three occasions and forcing other cars to take evasive actions to avoid being struck. An on-duty deputy responded and observed the defendant driving in a similar pattern. Upon being pulled over, deputies reported that the defendant smelled like alcohol, his eyes were bloodshot and glassy, his iris was the size of a pin head and he appeared “disordered.” The deputies requested that the defendant perform field sobriety exercises which they claimed he performed poorly. After being arrested for DUI the defendant blew a 0.056 and 0.058. A urine sample was obtained from and it was found that Methadone and Oxycodone were in his system. The Firm’s Treasure Coast Attorney immediately set the case for trial. The jury found the defendant Not Guilty of DUI.   01/11/2011 20XXCXXXX1134AXX NO CONVICTION AS CHARGED DUI A suspicious call came in regarding a vehicle parked in the field in front of a church. The first officer on scene and second officer on scene approached the vehicle which had hit a curb and drove off the road to the final resting point. The vehicle missed a sign and a big tree by inches and came to a final stop in the grass. There were tire track marks leading from the road to the location where the car was parked. The vehicle was in park and the defendant was laying in the drivers seat with the engine running and the lights on. The officers banged on the window, yelled the defendant’s name and even shook the vehicle to try and wake up the defendant. One of the officers even reached in and shook the defendant to try and wake him up. At that point, the officer reached in to turn off the engine and was going to call Fire Rescue. The Defendant then woke up and the officers smelled alcohol, noticed red glossy eyes and that the defendant had a flushed face. The Defendant was asked to submit to roadsides where he performed extremely poorly. All roadsides were captured on camera. The Defendant was arrested and taken to the Breath Facility where he refused to give a sample of his breath. The Firm took the case to trial and argued that the Defendant (1) was not driving and (2) did not have the “capability” to operate the vehicle at the time the officers arrested him and was therefore not in “actual physical control” of the vehicle. The jury came back with a verdict of Not Guilty.   12/21/2010 CT3XX1XXXX NO CONVICTION AS CHARGED DUI and DMV administrative review Florida Highway patrol responded to a crash on I-4 near the I-275 exit. Upon the trooper’s arrival, he encountered the Defendant who had been the victim of a hit and run accident. The trooper observed a strong odor of alcohol, slurred speech and lethargic movements on the Defendant. The Defendant agreed to perform field sobriety exercises, which he did so unsatisfactorily. The Defendant was then arrested for DUI. The Defendant refused to submit to a breath test. DMV Results: The firm was able to get the DMV to invalidate the 1 year suspension for refusing to submit to a breath test allowing the Defendant to get his driver’s license back immediately with no restrictions. Criminal Case Results: The firm filed a motion to suppress and the State dropped the DUI charge.   12/20/2010 CTXX03XXX and 6X902XXX NO CONVICTION AS CHARGED Racing and Driving while license suspended with knowledge On May 31st at the intersection of Bruce B. Downs and Fletcher, a Deputy observed the Defendant and another motorcyclist stopped at a red light. The Defendant began revving his engine and when the light turned green both motorcycles accelerated at a rapid pace, squealing their tires as they pulled away from the stop light. The Deputy was able to pace the vehicle traveling approximately 60 mph in a 45 mph zone. After stopping both motorcycles, the Defendant was charged with racing on a highway and driving while license suspended with knowledge. Result: The case was set for trial and the state dropped both charges.   12/15/2010 CTXX0542XXXX NO CONVICTION AS CHARGED Driving while license suspended with knowledge The Defendant was stopped after an officer could not see the temporary tag the Defendant had placed in the window of his vehicle. Upon running the Defendant’s information, the officer determined that the Defendant’s license was suspended. The Defendant was arrested for Driving while license suspended with knowledge. Result: The case was set for a non-jury trial and the State dismissed the charges against the Defendant.   12/14/2010 10-XX630XXXX NO CONVICTION AS CHARGED Leaving the Scene of an Accident The Defendant was traveling through a gas station parking lot when he began to back up. While driving in reverse, the trailer on the Defendant’s truck struck the canopy that covers the gas pumps. After the impact, the Defendant left the scene. The defendant was arrested later and charged with leaving the scene of an accident with property damage more than $50. Results: State dropped the charge against the Defendant.   12/13/2010 09-2XXX84XXXM10A NO CONVICTION AS CHARGED DUI The Defendant was seen by law enforcement leaving a bar. As the Defendant left the bar in a drunken state he obnoxiously asked the officer “Hey, officer what you doing? … waiting to pull over all the drunk people leaving the bar?” The defendant walked to his vehicle that was parked in the parking lot, got inside, and began to back out of the parking space. The Defendant was then stopped by officers as he backed his car out of the space. The officers already noticed the defendant to be extremely impaired as he left the bar. Upon closer contact, they noticed that the defendant had a strong odor of an alcoholic beverage, bloodshot eyes, flushed face, severely slurred speech and was having difficulty holding a conversation. The Defendant was then asked to perform roadside exercises and was unable to come close to doing any of them remotely correctly. The Defendant was arrested for DUI and gave a breath test at almost three times the legal limit, .220/.225. The Defendant contended all along that he only went to his car to sit while he waited for a cab that he had called before he left the bar and the cop was just after him for the obnoxious remark he had made earlier. The firm presented the Defendant’s phone records to the state showing he had called a cab and it made no sense that he would have moved the car, as the Defendant also claimed. The State Dropped all charges.   12/09/2010 20XXMX00XXX97 NO CONVICTION AS CHARGED Possession of Cannabis and drug paraphernalia The Defendant was stopped for walking on the street where a sidewalk was present. After the Officer warned the Defendant about the infraction of walking on the street where a sidewalk was present he then requested permission to search the Defendant. The officer stated that Defendant consented to a search of his person and as a result of the search the officer discovered marijuana and other drug paraphernalia. Defense counsel motioned to exclude the drugs and other evidence that resulted from the search, and reasoned that the consent given by Defendant was not voluntary. All charges were dismissed.   11/08/2010 20XX-CXXT-11XXX7 NO CONVICTION AS CHARGED DUI The defendant was pulled over for going through a stop sign at 15 mph. Upon approaching the vehicle, the officer noticed an odor of alcohol coming from the driver. The defendant admitted to having 3-4 beers and a DUI specialist was called to complete a DUI investigation. The officer requested that the defendant perform 4 different field sobriety exercises. At the conclusion of the exercises, the defendant was arrested because the officer determined that too many clues of impairment existed. At the breath testing center the defendant provided a breath sample of .167 (twice the legal limit). Based on the firm's recommendation, the defendant elected to take his case to trial. After the jury was chosen, the State of Florida dropped the DUI.   11/05/2010 20XXCT0XX111AXX NO CONVICTION AS CHARGED Driving Under the Influence Causing Damage to Person or Property The Defendant ran a stop sign while exiting a shopping plaza and crashed directly into another vehicle. The Defendant was taken to the hospital for treatment where the officer met with him. Upon meeting with the defendant the officer smelled an odor of alcohol coming from him and his face was flushed. His speech was slow and slurred. His eyes were bloodshot and glassy. The officer spoke to the doctor who advised him that the Defendant had suffered serious bodily injury from the accident and had a collection of blood on the surface of his brain, a popped lung and various other cuts and abrasions. After being stabilized the Officer told the defendant he was conducting a DUI investigation and read him Miranda. The Defendant admitted to taking shots of whiskey four or five hours prior to the crash. His blood was taken and yielded a .063 and .064 alcohol level. He had the presence of marijuana in his blood as well. After a full review of the medical records and negotiations with the State Attorneys Office, the State of Florida dropped the DUI charge.   11/03/2010 20XXXM00X583 NO CONVICTION AS CHARGED Possession of Marijuana < 20g. A Port St. Lucie police officer pulled the defendant over for having his tag light out. While speaking with the driver, the officer observed what he recognized to be marijuana flakes on the front passenger seat. The flakes tested positive for marijuana so the officer arrested the defendant. After retaining The Ticket Clinic, the defendant explained to the firm’s attorney that the marijuana was not his, but must have belonged to an acquaintance that was seated in the passenger seat moments before the stop. The firm’s attorney set the case for trial after he was able to convince the acquaintance to testify as a defense witness and tell the truth that the marijuana was not the defendant’s. After negotiations with the State Attorney’s Office, the prosecutor agreed that if the defendant tested negative to an immediate drug test, the State would dismiss all charges. Subsequently, the defendant tested negative and all charges were dismissed.   10/26/2010 20XXT0XXX53XAXX NO CONVICTION AS CHARGED 3rd DUI within 10 years Facts: The Defendant was pace clocked traveling 62 in a 40 mile per hour zone and observed weaving within his lane. He then made a blind turn at an intersection without looking at 25 miles per hour. The officer made contact with the defendant and smelled a strong odor of alcohol coming from his breath, he had bloodshot/glassy eyes and slurred speech. When asked for his license and registration, he fumbled through his glove compartment documents for about a minute before he told the officer that he didn’t have his registration. When asked if he had been drinking he said he had one with dinner and then changed his story to having several beers throughout the day but stuck to the “one beer per hour rule.” He was asked to step out of his car where the officer said he was unsteady on his feet. When asked to submit to roadsides the defendant asked what would happen if he didn’t do them. The officer told him that he would have to make his decision based upon what he saw at the time and may have to arrest him for DUI. The Defendant then turned around and put his arms behind his back and said, “well I guess it’s time to go to jail.” After being taken to the jail, the Defendant was asked to submit to a sample of his breath to determine the alcohol content and he refused. He could not recall what road he was on and joked around constantly with the officer on video. The State of Florida offered 120 days in jail along with a 10 year license suspension before trial. The Firm took the deposition of the Lieutenant who had also observed the driving pattern. He also made observations of the Defendant on scene which were inconsistent with what the arresting officer testified to. The State failed to call the Lieutenant to the stand so the Firm did. During closing arguments, the Firm’s position was that the State failed to give the jury the entire story and didn’t want them to hear the holes in their case. The jury returned a verdict in 3 minutes of not guilty.   10/20/2010 1X-217XXXM10A NO CONVICTION AS CHARGED DUI The Defendant was observed by a member of the Broward Sheriff’s Office DUI Task Force making a left turn at 3:28 a.m. from Sunrise Boulevard onto Northbound Federal Highway. When the Defendant made that turn he left his lane of travel to the right and then veered to the left coming within an inch of putting the driver’s side tires on the curb. The Deputy continued to follow the Defendant and noticed the Defendant repeatedly weaving within his lane, leaving his lane on more than 3 occasions, and changing speeds from 40-55 mph in a 45 mph zone. The Deputy initiated a traffic stop and noticed the Defendant to have the odor of an alcoholic beverage on his breath; bloodshot and glassy eyes and a flushed face, all indicators of alcohol impairment. The Defendant also admitted to consuming alcohol at the Hard Rock Hotel and Casino prior to driving. The Defendant was asked to do roadside sobriety exercises, to which he agreed. The Defendant lost his balance on the walk and turn, used his arms for balance, repeatedly missed heel to toe, turned improperly and took 11 instead of 9 steps as instructed. The Defendant also performed poorly on the finger to nose exercise as he failed to keep his eyes closed, missed his nose on every attempt, used the wrong form, and stepped out of the instructional stance. The Defendant was arrested for DUI and he refused to submit to the breath test. The Defendant was found not guilty after a jury trial. The driving pattern and the roadside exercises were all captured on the Deputy's in car video camera.   10/19/2010 CTXX0865XXXX NO CONVICTION AS CHARGED DUI On May 22, a Tampa Police Department Officer was on duty at the traffic light at Armenia and Kennedy Blvd. facing south bound. He observed a red BMW and one other vehicle turn right onto Armenia traveling northbound. Both vehicles were traveling the wrong way down a one-way street. Upon reaching the intersection at Kennedy, both vehicles stopped. When the light for south bound traffic on Armenia changed to green, the car next to the officer waited for the 2 vehicles to proceed. The vehicles did not move so the officer flashed his lights at them, but they did not respond. As the light turned back to red, the BMW turned left onto Kennedy Blvd. The officer attempted to stop both vehicles, but only the BMW pulled over. The officer made contact with the Defendant, the driver of the BMW, and immediately noticed an odor of an alcoholic beverage. The Defendant also had bloodshot/drowsy eyes and is speech was slurred. The Defendant was relocated to a parking lot to perform field sobriety exercises. The Defendant performed the exercises poorly, indicating impairment. The Defendant was placed under arrest for DUI. After being read Implied Consent Law, the Defendant refused to submit to a breath test. Results: The firm filed a motion to suppress which was scheduled to be heard the morning before the trial. Before the motion was heard by the Judge, the state dropped the DUI charge.   10/18/2010 20XXCFXX0X33AXX NO CONVICTION AS CHARGED Fleeing or Attempting to Elude A Law Enforcement Officer Facts: The Defendant was seen driving a 4 wheeler ATV All Terrain Vehicle towards a Palm Beach County Deputy. The Defendant was driving on a road he was not allowed to drive on. The officer activated his emergency lights and sirens and the Defendant looked at the Officer and did a U-turn. The Defendant then looked back numerous times and suddenly increased his speed. The ATV then turned right onto another street and stopped at the dead end of the road. The driver identified himself to the Officer and was arrested for Fleeing and Eluding an Officer. The Firm prepared numerous documents and letters for the Office of the State Attorney to provide to them indicating that there were no independent witnesses and that they did not have enough evidence to convict the Defendant of the charges. After a review of the case, the Office of the State Attorney declined to file the charges.   10/13/2010 0X-01XXXXXM10A NO CONVICTION AS CHARGED Criminal Mischief The Defendant was observed by a Broward Sheriff’s Deputy vandalizing a wall along the drive through lane belonging to a McDonald’s Restaurant. The officer testified that he had a clear view of the defendant’s alleged act of vandalism; that he subsequently found an art marker matching the damage to the McDonald’s wall; and that he obtained a post Miranda confession from the Defendant admitting that he vandalized the wall. The firm was able to obtain testimony from the manager of the McDonald’s that it was not physically possible for the officer to have seen the act allegedly committed by the Defendant. Pursuant to the firm’s questioning, the manager stated that the officer was on the opposite side of the McDonald’s and that she was the person who alerted the officer for the first time about the incident, which she did not even witness. The officer’s credibility and his account of the incident was clearly “called into question” and the Defendant was found not guilty after trial.   10/07/2010 CTXX00736XXXXX NO CONVICTION AS CHARGED DUI The Defendant was stopped for speeding on Howard Ave. Upon conducting a traffic stop, the officer observed a strong odor of alcohol and bloodshot glassy eyes on the Defendant. The officer requested the Defendant perform field sobriety exercises. The Defendant performed the exercises, but had great difficulty maintaining her balance. Based on her performance on the exercises, the Defendant was arrested for DUI. The officer requested the Defendant submit to a breath test, which she refused. Result: The firm presented evidence to the prosecutor detailing the Defendant’s prior leg injuries, which caused her to have difficulty maintaining her balance on one leg or standing with one foot in front of the other. The case was set for trial, but before the trial began, the State dropped the DUI charge.   10/06/2010 0X-01XXCXX NO CONVICTION AS CHARGED Leaving the Scene of an Accident and Driving on an Expired License On July 21, 2010 the Defendant was accused of causing an accident causing an injury and leaving the scene of the accident (Felony). After coming into contact with the police officer near the scene of the accident, it was also discovered that the Defendant’s driver license was expired, which was a criminal violation as well. After investigating the case, the firm explained to the State Attorney’s case filing department, that this was a case of mistaken identity, and the Defendant was not the driver at the time of the crash. The State Attorney continued their investigation, and concluded that they would not be able to prove their case beyond every reasonable doubt and dropped all criminal charges against the Defendant.   10/05/2010 09-1XX20XX10A NO CONVICTION AS CHARGED DUI The Defendant was driving westbound on Sunrise Boulevard approaching Federal Highway in Fort Lauderdale. The Defendant then drove over a concrete median separating Westbound Sunrise Boulevard and Northbound Federal Highway causing crippling damage to his vehicle. Officer Troiano of the Fort Lauderdale Police Department was the first on scene a saw the Defendant outside of his vehicle. He noticed the Defendant to have the strong odor of an alcoholic beverage; bloodshot eyes; flushed face; slurred speech; and that the Defendant was extremely unsteady on his feet. Officer Troiano requested the assistance of Deputy Faccini of the DUI Task Force. Deputy Faccini made contact with the Defendant and also noticed that strong odor of an alcoholic beverage; bloodshot eyes; flushed face; slurred speech; and that the Defendant was extremely unsteady on his feet. Deputy Faccini administered roadside sobriety exercises on video that reflected the Defendant to be extremely impaired. The Defendant could not come close to completing one roadside exercise without almost falling over. The Defendant was arrested for DUI and was asked to submit to a breath test. The Defendant responded to the request for a breath test by stating “I know I am going to blow over”. The Defendant sat down to give the breath test with two valid samples and blew a .212 g/210L on the first and began to avoid giving a second sample by blowing improperly into the machine on purpose. The Deputy took the Defendant’s action as a refusal to comply with Florida Law. All DUI charges were dropped by the State of Florida.   10/04/2010 1XXT585XXXXXXXXXX NO CONVICTION AS CHARGED DUI On March 22, 2010 at approximately 0233 hours, a Temple Terrace Police officer observed a black BMW stopped at a stop sign. He also observed the Defendant slumped behind the wheel. Concerned that the driver was dui or having a medical issue, the officer conducted a welfare check. Upon his approach the officer noticed the vehicle was running. The officer was able to wake the Defendant up. The Defendant had slurred speech and his eyes were bloodshot. This initial interaction was videotaped. On the video, the officer is heard to say to another officer, “I don’t smell any alcohol on him.” The second officer then interacted with the Defendant and he also remarked on video that he did not smell any alcohol. One of the officers tells the other that “maybe he is on something else, let’s find out.” The officers had the Defendant perform field sobriety exercises, which he did poorly. The Defendant was arrested for DUI. The Defendant refused to submit to a breath test. The firm filed a motion to suppress the evidence based on an illegal detention of the Defendant. Based on the motion, the prosecutor dropped the DUI charge.   10/01/2010 20XXT221XXXXXX NO CONVICTION AS CHARGED DUI On May 21, 2010 a deputy observed a green Cherokee eastbound on Brandon Blvd. traveling 75 mph in a 50 mph zone. The Deputy began to pursue the vehicle and then observed it turn onto Brandon Town Center Dr. and continue to travel at 75 mph. The vehicle was now in a 20 mph zone. The Deputy was able to catch up to the vehicle and conduct a traffic stop. The Defendant was observed to have red, bloodshot eyes, slurred speech and the odor of an alcoholic beverage on his breath. The Deputy had the Defendant perform field sobriety exercises which he did poorly. The Defendant was arrested for DUI. The Defendant refused to provide a breath sample. Result: Prosecutors dropped the DUI charge.   09/30/2010 20XXXT01XX98AXX NO CONVICTION AS CHARGED DUI (Enhanced) Facts: The Palm Beach County Sheriff’s Office was dispatched to a possible sexual assault outside of a Strip Club in Palm Beach County on June 13th, 2010. When the Officers arrived, they all pulled their patrol vehicles up and put them in park to look for the victim. During the investigation and after they had found the victim of the assault, a Ford Mustang started slowly rolling towards the one of the Deputy’s patrol cars. The vehicle’s engine was revving extremely loud and sounded like the accelerator was to the floor. The vehicle continued to travel towards the patrol car when it came between one to three feet from the patrol car. The Officer then ordered the Defendant to stop and shut the engine off. At this time, the Officer made contact with the Defendant who smelled of alcohol and he had bloodshot and glassy eyes. His speech was thick and quick. When he was asked to step out of the car he was swaying forward and back. He stated that he was out with his brother and could not drive his brother’s car. He kept repeating that he was a nurse and saved lives and explained that he and his brother were out celebrating and that he had nothing to drink. Then he said he had one “Jack and Diet 8 oz.” He later said he had a couple drinks when he was in the car and then that he “knew he had too much to drink.” He continued to say that he was going to lose his job and that he helped police officers that get hurt. The Defendant was asked to perform roadsides were he could not balance and was very unsteady on his feet. He could be seen on video almost falling on 2 occasions. He did not follow instructions properly and was arrested for DUI. When he was taken back to the Breath Center he blew a .165 and .161. The Firm took sworn testimony from the Officer at the Administrative hearing regarding the stop of the Defendant’s vehicle and then filed a Motion to Suppress the Stop based on a Fourth Amendment Violation. At the hearing, the Officer testified that he was concerned for the safety of the driver in that he may have been sick, injured or impaired and that he thought he may accelerate at some point or throw the car in gear and hit the patrol car. The Firm cross examined the officer and pointed out that he never indicated in his detailed probable cause affidavit that he was concerned for the safety of the driver. The Firm got the Officer to admit that he did not have probable cause that a traffic infraction had occurred nor any reasonable suspicion that a crime was being committed. Thus, the court found that this was not a valid stop and that the “well being” did not apply. The Court granted the motion to suppress and the State immediately dropped the charges.   09/30/2010 CTC0XX90XXXX NO CONVICTION AS CHARGED DUI On 10/10/09 at approximately 2100 hours, police dispatch was advised of a traffic crash on East Vina Del Mar Blvd. When the officer arrived a 2005 BMW had impacted a parked Kia. The BMW was driven by the Defendant. The passenger in the BMW advised they were coming back from Caddy’s. The Defendant, who had gone into the residence to speak with the owner of the Kia, then came out and explained to the officer that he had injured his shoulder in the accident. The officer noticed a strong odor of alcohol coming from the Defendant. He also spoke with a slurred thick tongue. The Defendant was then transported onto a backboard and taken inside an ambulance for an apparent separated shoulder. The Defendant was asked for consent to a blood draw, which he refused. The Defendant was then read Florida’s implied consent law and asked to submit to a blood draw, which he also refused. The officer then had the medic perform an involuntary blood draw. The results of the blood alcohol test were .285 and .288. The Defendant was arrested for DUI on. Results: The firm filed a motion to suppress the blood results, which was granted. After the judge granted the motion, the state dismissed the DUI case against the Defendant.   09/29/2010 20XXT00XXX617AXX NO CONVICTION AS CHARGED Driving Under the Influence (Enhanced) Facts: The Defendant was driving through a Burger King drive through when he fell asleep at the wheel. The manager of the Burger King called 911 and the Defendant woke up and ordered food and then continually drove around and around the drive through numerous times. The manager of the Burger King told dispatch that the driver was drunk and kept driving through and ordering food. An officer responded from the Palm Beach County Sheriff’s Office and the manager pointed to the Defendant’s truck parked in the parking lot. The Officer drove up behind the Defendant and turned on his emergency lights. He made contact with the Defendant who was eating a burger. He immediately turned off the truck and the officer noticed watery eyes and an odor of alcohol. He fumbled for his wallet and said he had not been drinking. He then said in a slurred speech, “I was eating a fu*@#ng burger, get out of here and leave me alone!”. He then said he had one beer and don’t have a DUI unit come. A DUI task force officer arrived on scene and conducted a DUI investigation. The DUI officer noticed that the Defendant was agitated with his presence on scene. When out of the vehicle, he was swaying back and forth. He then told the DUI officer he had just come from his house where he had 2 or 3 Budweiser beers. Then he told the Officer he had been at a Bar for an hour. He begged the Officer to just have someone come pick him up and alleged that the Officer was “ruining his life and making his family homeless.” The Defendant performed very poorly on the videotaped roadside exercises to the point that he just gave up on trying to say the alphabet because he just couldn’t get it right numerous times. He was arrested for DUI and taken the Breath Center where he gave two samples of his breath which were a .173 and .171. He was more than two time the legal limit. The Firm took the depositions of the stopping officer as well as the arresting DUI officer regarding the issues surrounding the stop. After filing a Motion to Suppress arguing that the Defendant was stopped without any legal justification under the Fourth Amendment, the State dropped the DUI on the day of the Motion hearing   09/28/2010 CTC1X-00635XXXXXX NO CONVICTION AS CHARGED DUI The Defendant was stopped for having a tag light out while driving on Walsingham Rd. Upon making contact with the Defendant, the officer noticed the odor of an alcoholic beverage. The Defendant was unsteady as he exited the vehicle and his speech appeared slurred. The officer had the Defendant perform field sobriety exercises. The Defendant did not perform them satisfactorily and was arrested for DUI. The Defendant refused to provide a breath sample. The video camera from the officer’s dash recorded the interaction with the Defendant. Upon review of the video, the Defendant was very cooperative with the officer. The officer had a thick accent which caused the Defendant to ask the officer to repeat certain instructions. The officer became quite rude and confrontational with the Defendant during the course of the investigation. Many of the indicators of impairment listed by the officer could be contributed to the officer’s impatience and accent. The firm reviewed the video with the prosecutor and convinced the state to drop the DUI charge.   09/24/2010 20XX-XT-01XXX91-O NO CONVICTION AS CHARGED DUI The defendant was followed by an Orange County Deputy who observed him weaving all over the road. The Deputy activated his lights to stop defendant, when he would not pull over, the deputy engaged his siren and it took client several blocks of slowly creeping along before he stopped his truck. The defendant couldn’t follow the directions of the deputy to turn off his engine, step out of the vehicle, and produce his driver’s license. The defendant smelled of alcohol, had a heavy sway while standing, and couldn’t complete the field sobriety exercises. He was placed under arrest and while being transported to the jail, urinated on himself and then refused to give a breath test. The defendant retained The Ticket Clinic to represent him because a DUI conviction would cost him his job at Disney. The firm filed a series of aggressive motions attacking the States case in chief, and the right the police had to arrest the defendant in the first place. The presiding judge agreed and ordered the total suppression of all evidence against our client. The State, having no evidence to go forward with, had no choice but to drop the charges against our client and he suffered no further consequences.   09/23/2010 20XX-CXXT-3XX4 NO CONVICTION AS CHARGED DUI The defendant was driving his 2000 Ford Pickup when he lost control of the vehicle. The vehicle flipped multiple times and ended up on its side. The defendant was trapped in the vehicle. Firefighters responded and used the jaws of life to free the defendant from the vehicle. Once free, they noticed a strong odor of alcohol on his breath and bloodshot eyes. He was taken to the hospital where he admitted to drinking too much and told the Trooper that he was drunk. Based on those factors, the Trooper took a sample of blood which indicated an impairment level of twice the legal limit. Our firm advised the State that there were some holes in their case. After reviewing the issues we brought to their attention, the State dropped the DUI.   09/23/2010 20XX-XT-0XXX03-O NO CONVICTION AS CHARGED DUI The defendant was seen by an Orange County Deputy investigating street racing. The deputy saw that the defendant’s car was modified illegally and that was the basis for the deputy to stop the defendant. The defendant smelled of alcohol and marijuana, failed the filed sobriety exercises, had a breath test above the legal limit, and his urinalysis test came back positive with marijuana in his system. The defendant then retained t The Ticket Clinic to represent him. The firm filed a series of aggressive motions attacking the states case in chief, and the right the police had to arrest the client in the first place. The presiding judge agreed and ordered the total suppression of all evidence against our client. The State, having no evidence to go forward with, had no choice but to drop the charges against our client and he suffered no further consequences.   09/22/2010 20XX-MXXM-3XX5 NO CONVICTION AS CHARGED DUI The defendant was pulled over after a concerned citizen notified the police that they were driving drunk. The officer pulled him over for driving 7 miles an hour over the speed limit. When he approached the defendant, he noticed and odor of alcohol, bloodshot eyes, slurred speech and a cup of tequila in plain view. He asked the driver to perform field sobriety exercises to determine if he was impaired. The defendant complied and was arrested after the officer claimed he performed poorly. He was taken to jail after he refused to take a breath test. Our firm filed a motion to suppress the field sobriety exercises. On the morning the motions were to be heard, the state dropped the DUI.   09/21/2010 20XXCTXXX669AXX NO CONVICTION AS CHARGED Driving Under the Influence The Defendant was facing east on Okeechobee Blvd when an officer who was on the other side of the street heard the vehicle’s stereo blasting. The officer could hear it from approximately 75 feet away. The officer activated his overhead emergency lights and the defendant slammed on his brakes and then continued slowly eastbound. The officer had to hit the siren to stop the car. The vehicle pulled over and the officer noticed the Defendant had bloodshot, glassy eyes, slurred speech and an odor of alcohol coming from his person. When he got out of the car, he was unsteady on his feet. When asked where he was coming from, he said from his friends house where they had a “celebration”. He told the officer that he had 2 beers while in the car, and once out of the car he said he had 5 beers. During the walk and turn he could not keep his balance, stepped off the line numerous times and paused forgetting what the instructions were. During the one leg stand task he started too soon and did not count as he was told. He was told to count one one thousand all the way to 30 and instead he got to 8 and started saying 20, 30, 40, 50, 60 and got to 100. He then was asked if he could do the task and he said: “No.” He performed poorly on the finger to nose task and alphabet task and was arrested for Driving Under the Influence. When at the breath facility, he gave a breath sample of .077 and .074. The firm sent a letter to the State Attorney’s Office citing new case law which deemed the Stereo Statute unconstitutional and therefore the stop would have been a violation of the Defendant’s Fourth Amendment Constitutional Rights. The State Attorney agreed and declined to file the charges in addition to their agreement that they could not prove the case Beyond a Reasonable Doubt due to the low breath samples.   09/20/2010 0X-019XX6XXXM10A NO CONVICTION AS CHARGED DUI The Defendant passed a DUI Task Force Deputy traveling at speeds in excess of 100 miles per hour on the exit ramp from I-595 on to I-95 Northbound. The Defendant maintained those speeds and made over 8 lane changes within heavy traffic. The Deputy finally caught up to the Defendant’s vehicle on the Sunrise Boulevard exit ramp. The Deputy Stopped the Defendant’s vehicle and noticed the Defendant to have the odor of an alcoholic beverage, bloodshot eyes and a flushed face. The Defendant was asked to perform roadside exercises and did so. During the walk and turn exercise, the Defendant lost her balance during the instructional stance, started the exercise to early and missed touching heel to toe on 6 separate steps and used her arms for balance. On the finger to nose, the Defendant repeatedly used the incorrect portion of her finger and missed the portion of her nose that she was instructed to touch on several occasions. The Defendant was arrested for both reckless driving and DUI and submitted to the breath test which resulted in readings of .094/.094 g/210L, well above the legal limit. The Defendant was found not guilty of reckless driving and DUI after a jury trial.   09/20/2010 20XX-XF-1XX-A, 20XX-CX-7XXX2-O, 20XX-XT-25XX7-W NO CONVICTION AS CHARGED Violation of Community Control, Felony Driving While License Suspended, Attaching Tag Not Assigned The defendant was placed on felony community control in March of 2009 after having been found in violation of her probation in Seminole County. In May 2009 she was arrested by an Orange County Deputy Sheriff and charged with Felony Driving While License Suspended and Attaching Tag Not Assigned. The defendant retained the Ticket Clinic to represent her for both the new law violations in Orange County and the inevitable Violation of Community Control (VOCC) that would come out of Seminole County. The defendant scored a minimum 8 years in prison in the Seminole case alone. The Ticket Clinic spoke with the State Attorney’s office in Orange County and got both charges dropped. With no law violations to base their VOCC on, Seminole County had no choice but to drop the VOCC and the defendant suffered no further actions.   09/20/2010 20XX-XM-11XXX2-A NO CONVICTION AS CHARGED DUI & Possession of Cannabis The defendant was found passed out behind the wheel of his van, engine running and in gear, at a stop light around midnight. The Police were called by a concerned citizen and when they arrived they could not awaken the defendant and had to open the doors to his vehicle, put the car in park, and turn off the engine for their safety. The defendant smelled of alcohol and didn’t complete the Field Sobriety Exercises. The defendant was then placed under arrest and in a search incident to his arrest; the police found marijuana and empty beer cans in his van. The defendant retained the Ticket Clinic to represent him because a conviction from either a DUI or a Possession of Cannabis would cost him his job. The firm filed a series of aggressive motions attacking the states case in chief, challenging the validity of the breath test machine, and the right the police had to arrest the defendant in the first place. Following many court appearances and hearings the State agreed to drop the Possession of Cannabis case altogether and to lower the DUI to a Reckless Driving. The defendant was extremely happy with the offer and accepted, suffering no loss of employment.   09/16/2010 20XXMXXX00XX39 NO CONVICTION AS CHARGED Petit Theft / Resisting Merchant The defendant went shopping in a well known retail store in Port St. Lucie with her husband. After selecting merchandise, the defendant was waiting in the check-out line. Store security confronted her husband and accused him of shoplifting by placing items in his pockets. The husband fled the store. Failing to apprehend the husband, store security turned their attention to the defendant, who voluntarily remained on scene. Security accused her of assisting her husband with his alleged theft and demanded her to walk to a back office to be interrogated. Confused and feeling harassed by security, she attempted to peacefully walk out of the store; but the police were called and arrested the defendant for petit theft and resisting a merchant. After meeting with the Firm’s Treasure Coast Attorney, it became apparent to counsel that she had no knowledge of her husband’s actions and was wrongfully accused based on the unfortunate notion of “guilty by association.” Counsel immediately pulled video from the multiple cameras in the retail store. The video images clearly showed our client was simply shopping. The video images not only failed to show she was in any way assisting her husband commit a crime, it also did not show she even had knowledge of his actions. Furthermore, counsel immediately recognized that the State could not prove the “resisting merchant” charge because there was no allegation that our client intended to prevent the store from retrieving stolen merchandise, a required element to the offense. Armed with multiple defenses, counsel set the case for trial. Recognizing the strong case the Firm’s counsel was prepared to present to a jury, the prosecutor dropped all charges.   09/15/2010 20XXCTXXX1054 NO CONVICTION AS CHARGED Attaching Tag Not Assigned A Florida Highway Patrol Trooper pulled the defendant over in Okeechobee County for speeding 69/60 and cited him accordingly. Additionally, the trooper issued the defendant a criminal citation for allegedly attaching a tag not assigned to his vehicle. The firm’s attorney determined the trooper’s decision to issue a criminal citation for the unassigned tag was unlawful based on current case law. Counsel convinced the prosecutor to drop the criminal charge; Additionally, counsel convinced the Court to dismiss the client’s speeding ticket despite the fact the citation was lawfully written. All charges and citations dropped.   09/14/2010 20XX-CXXT-9XXXX7 NO CONVICTION AS CHARGED Driving with License Suspended The defendant was at a bar and ran into his ex-girlfriend. He was with another girl and she became upset. He left and was in his vehicle in the parking lot with his new girl. His ex-girlfriend found an off-duty police officer at the bar and explained to him that her ex-boyfriend was following her around the bar all night stalking her, and that his license was currently suspended due to a previous DUI. The officer walked out to the vehicle and asked the defendant for his license. The defendant responded that it was suspended and he was then arrested. The state made an offer of 30 days in jail and we filed a motion to suppress. After the motion was heard, the judge decided that our argument was correct and the officer had no probable cause to approach and detain the defendant. The judge granted our motion and the case was dismissed.   09/03/2010 20XXXT0XX7623AXX NO CONVICTION AS CHARGED Driving Under The Influence Facts: The Defendant was stopped at about 9:00 p.m. traveling 51 in a 35 mph zone. Upon making contact with the Defendant, his eyes were red and glassy and his speech was slurred and mumbled. His face was flushed, he had slow dexterity and there was an odor of alcohol coming from his breath. He fumbled through his documents and often looked sleepy when contact was made with him. His movements were slow as was his speech. After running his license, the officer came back to the defendant’s car and the defendant stated “Yes, I know, I had a few drinks.” He then stated he had 3 beers and he was coming from a restaurant. The Defendant was swaying back and forth during the walk and turn, missed heel to toe on 4 steps, stepped off the line and made an improper turn. During the one leg stand, the defendant was not counting properly and was swaying back and forth. He failed to keep his eyes closed during the finger to nose as instructed and touched the tip of his nose with the middle of his finger instead of the tip every time. During the Alphabet task the Defendant said “H, I, G” instead of “H, I, J” and then said “I lost it man”. He then tried again and said “X, W, Y, Z” instead of “W, X, Y, Z”. He was arrested and then refused a breath test. The State attorney’s office took a look at the Breath Testing Video and after consulting them about the certain other factors (including the officer’s sworn testimony at the Formal Review Hearing at the Department of Motor Vehicles), the State agreed to drop the DUI.   09/02/2010 20XXXT00XX2217 NO CONVICTION AS CHARGED Leaving the Scene of an Accident Our client was charged for a misdemeanor of leaving the scene of an accident. Florida Highway Patrol alleged that our client sideswiped another car on Interstate 95 and then left the scene of the crash. After our Treasure Coast Attorney met with the client, it became clear that our client’s actions were reasonable and appropriate for the situation. It was found that after the cars sideswiped each other, our client immediately exited the highway to find a safe location to exchange information with the other driver. However, the other driver continued driving on the highway and failed to exit. Our client drove home and contacted the police to report the crash. Our client satisfied the actions a person is required to do under Florida Law. It appeared there was a misunderstanding between the two drivers on where they should safely pull over. The trooper used poor discretion to charge our client when our client had no intent to avoid responsibility. Based on this legal analysis, our firm’s attorney convinced the prosecution to drop all criminal charges.   08/31/2010 09-1XX81XXXM10A NO CONVICTION AS CHARGED DUI (Enhanced-Breath above a .15g/210L) The Defendant was stopped for speeding by Officer John Hanson of the Pembroke Pines Police Department DUI Task Force. The Officer approached the vehicle and noticed the Defendant to have the odor of alcohol on his breath, slurred speech, bloodshot eyes and was unstable while standing unassisted. The Defendant admitted to consuming four drinks while at the Hard Rock Hotel and Casino. The Defendant was then asked to do roadside sobriety exercises and performed poorly on all of them. The Defendant could not maintain a straight line on the walk and turn and missed heel to toe on several steps. The Defendant could not say the alphabet correctly despite being given 3 opportunities to try and could not touch the tip of his finger to the tip of his nose. He could not maintain his balance at all on one leg either. The Defendant was arrested for DUI and submitted to the breath test which resulted in readings of .159/.152 g/210L. The Firm filed a Motion to Suppress the Unlawful Detention of the Defendant for roadside exercises based upon the conduct of the officer reflected on the videotape. The Judge agreed that the officer forced our client to participate in exercises (clearly voluntary under Florida Law) without first asking his consent and suppressed all of the evidence after the initial traffic stop. The State dropped all charges.   08/30/2010 20XXCXX02397 NO CONVICTION AS CHARGED Leaving the Scene of an Accident The defendant was charged with a misdemeanor of leaving the scene of an accident and a civil infraction of violation of a traffic control device. Port St. Lucie Police alleged she drove through a red light, struck a child on a bicycle in a crosswalk and then left the scene of the accident. The defendant had never been in trouble before and therefore she was shocked and confused about the situation. Furthermore, she was concerned she would be sued by the child’s parents if she was found guilty. After our Treasure Coast Attorney met with the defendant and calmed her, it became clear that she was in fact not guilty of a crime at all. Although she did indeed eventually leave the scene of the accident, it wasn’t before she stopped her car and spoke with the child. The child told her that he was alright, did not need any medical attention and began to leave the scene. The defendant satisfied the actions a person is required to complete under Florida Law. Moreover, the defendant drove straight home and contacted police to report the incident. The defendant was also adamant that she had the green light and therefore had the right-of-way. It appeared the police reacted on emotion to a crash involving a child and inappropriately disregarded Florida Law. Based on this legal analysis, our firm’s attorney convinced the prosecution to drop all charges including the civil infraction.   08/25/2010 20XXXT02XX424AXX NO CONVICTION AS CHARGED DUI Facts: The Defendant was observed traveling westbound on Atlantic Avenue at 2:00 a.m. tailgating another vehicle. He then made a sharp lane change and continued changing lanes in and out of traffic. He was paced going 60 miles per hour in a 35 mile per hour zone. He then began driving on the solid white line for 2 blocks in the middle of 2 lanes. The Defendant then blew through a solid red traffic light that had been red for 3 or 4 car lengths. The Officer conducted a traffic stop and noticed the Defendant had bloodshot, glassy eyes. He smelled an odor of alcohol coming from his breath and his movements were slow while retrieving his documents. He told the officer he had been drinking at Cabanas celebrating his daughter’s engagement and that he “was going a little too fast”. He said he had 2 vodka beverages. His speech was slow, slurred and mumbled according to the officer. The Defendant failed to maintain his balance during the starting position for the walk and turn, started before being told to, missed heel to toe on every single step, stepped off the line 2 times and took 10 steps on the return instead of the 9 as instructed. During the one leg stand task, the defendant swayed while balancing, used his arms to balance, put his foot down 2 times and stopped counting at 20 and started over instead of continuing to 30 as instructed. During the Finger to Nose task, the Defendant failed to return his arm to his side and touched his nose with the middle of his finger on every attempt instead of using the tip of his finger. During the counting task, the Defendant skipped the number 14 and had to correct himself and used his arms to recover his balance. He was taken to the Breath Alcohol Testing Facility where he was asked to submit to a breath. At first, he was not sure if he should take one and then decided to submit to a breath test. He blew a .096 and .093. He told the officer he got to Cabanas at 9:00 p.m. and drank 2 vodka sodas. He was not sure when he had his first and was not sure when he had his last. The Firm argued that the State could not prove the case beyond a reasonable doubt and no evidence was admitted to show what the Defendant’s breath was “at the time of driving”. Additionally, the Officer’s testimony was inconsistent with the video evidence of the Defendant and therefore he was not a credible witness. After deliberations, the jury returned a verdict of not guilty.   08/24/2010 20XXCTXX20XX1AXX NO CONVICTION AS CHARGED DUI FACTS: The Defendant was observed by a witness passed out behind the wheel of his car in a Publix parking lot. His head was down with his chin hitting his chest. After hitting the drivers door and hitting the window several times, the driver could not be woken up. The car was running and the Defendant’s hand was on the shifter. When the Police arrived, the Defendant was woken up and he admitted to drinking 5 or 6 beers. When asked to perform roadside exercises, he refused and was arrested for Driving Under the Influence. He was taken to the Breath Alcohol Testing Facility where he refused to submit to a lawful test of his breath. The State declined to file charges for Driving Under the Influence.   08/24/2010 NO CONVICTION AS CHARGED Boating Under the Influence The Defendant was seen operating his 42 foot boat in the inter-coastal recklessly just before sunset. The officer stopped the boat and noticed that it had no lights on and that the window shades were down, blocking the driver’s view. The operator smelled of alcoholic beverages, had slurred speech and red/glassy eyes according to the police. When asked to put the boat in reverse, the Defendant had trouble following the instruction, and put the boat in the drive position. The officers found an empty bucket with 10-12 empty Corona beer bottles in it. Once on shore another officer arrived to conduct a BUI investigation. After completing the HGN examination the Defendant was arrested. While being escorted off of the dock, the officer said that he needed to hold on to his arm, as he was about to fall into the water due to his unsteadiness. After being offered a breath test, the Defendant refused. Our firm filed a Motion for Speedy Trial, and thoroughly cross examined the State’s witnesses during trial. During the testimony of the 3rd police officer, the State conceded that their ”ship was sinking” and they decided to drop the BUI charge.   08/13/2010 20XXX00XX295AXX NO CONVICTION AS CHARGED DUI Facts: The Defendant was parked behind closed businesses late at night around 1 a.m. When the officer noticed the vehicle, he drove towards him and the Defendant immediately pulled out of the area and left the scene. The tint on the windows was too dark for the officer to see in the car. A DUI officer was called to the scene due to the defendant smelling of alcohol and showing other signs of impairment. The Defendant was standing against his pickup truck when the DUI officer arrived and his eyes were bloodshot and glassy and his eyes were droopy. His speech was slurred and he had a difficult time focusing. He stated he was coming from the bar and had 5 beers. He told the Officer that his speech is normally not slurred. The Defendant said he had been through this “shit before” and refused to do any roadside exercises. He was arrested for Driving Under the Influence and taken to the West Palm Beach Police Department where he was asked to submit to a lawful sample of his breath to determine the alcohol content. The Defendant refused to give a breath sample. When asked whether he could feel the effects of the alcohol on video, the defendant said “Yes”. He also changed his story and said he had not been drinking at all. The Firm took depositions of the first officer who stopped the Defendant as well as the arresting officer. The State had initially offered a plea involving four months in jail. After filing a motion to suppress arguing that the Defendant was stopped without any reasonable suspicion of criminal activity and providing the State Attorney with copies of the depositions, the State of Florida dropped all charges against him   08/12/2010 20XXXT00XX6951AXX NO CONVICTION AS CHARGED DUI Facts: The Defendant was observed driving the wrong direction on a one way road towards a police officer’s moving vehicle. After being stopped, the deputy observed the defendant’s eyes to be bloodshot and glassy. She smelled an odor of alcohol coming from the Defendant’s breath. A DUI officer responded on scene and conducted a DUI investigation. According to this officer, the Defendant’s movements were slow and he swayed while he stood. He stated he had 3 glasses of wine and then changed his story to 2 glasses of red wine about an hour or two before driving. He said he was coming from an unknown sports bar and could not advise why he was driving the wrong way on a one way street. He performed poorly on the roadside tasks and was arrested for DUI. When taken to the Breath Alcohol Testing Facility, he refused to give a sample of his breath. The firm took the depositions under oath of the stopping officer as well as the arresting officer. The Firm was able to gather evidence from the stopping officer that she was going to let the Defendant go. This was after she testified that she made over 10 DUI arrests in the past. The arresting officer testified that he had no knowledge of this fact. After bringing these points to the attention of the Assistant State Attorney, the charges for Driving Under the Influence were dropped by the State of Florida.   08/09/2010 CTX-0062XXXX NO CONVICTION AS CHARGED Felony Leaving the Scene of an accident The Defendant was involved in a two car accident as a result of running a stop sign. The Defendant was uninjured but one of the passengers in the other vehicle was injured. The Defendant left the scene of the accident to retrieve his wallet. While the Defendant was gone, a police officer arrived to investigate the traffic crash. Because the Defendant had left the scene and one of the passengers was injured, the officer charged the Defendant with leaving the scene of an accident with injury to another, a third degree felony. Result: Due to an inconsistency with the ticket, the Defendnat was not arraigned for over 197 days after he was charged. The firm filed a motion for discharge, which was granted.   08/04/2010 20XXXT0XX026AXX NO CONVICTION AS CHARGED DUI The Defendant was driving on Lakeworth Road without his headlights on. The officer paced the vehicle traveling 53 miles per hour in a 45 mile per hour zone. The Defendant’s vehicle then began to swerve within its lane. After initiating a traffic stop, the Officer noticed that the Defendant’s breath smelled like alcohol and his eyes were glassy, red and bloodshot. His movements were slow and he had difficulty completing thoughts or sentences. While standing, he would stumble to the left or right. After each question posed by the officer, the Defendant would request that it be repeated since he was “unable to focus on what was being said”. While walking to the parking lot to do the roadside exercises, he stumbled several times and slowed to catch his balance. He spontaneously stated that he “came from McKenna’s Bar and only had 4 beers”. His speech was slow and deliberate. He performed poorly on roadside exercises and was arrested for DUI. He stopped the one leg stand and said he just couldn’t do it and repeated a letter in the alphabet while singing it instead of saying it slowly. At the Breath Facility, he gave two samples of his breath which yielded results of .055 and .059. He was questioned about his consumption of alcohol at the breath facility and he responded by stating that he “was no longer under the influence”. The Firm contacted the State Attorney’s Office pre-filing to attempt to stop the charge of DUI from being filed against the Defendant. After speaking with the State of Florida, the Firm was able to convince them that the case could not be proven beyond and to the exclusion of every reasonable doubt and the State declined to file the charges.   07/19/2010 09-2XXX84XXM10A NO CONVICTION AS CHARGED DUI The Defendant was charged with 4 separate counts of DUI causing Property Damage. The Defendant was involved in a multi-vehicle accident located at State Road 84 and Davie Road in Davie, Florida. Officers arrived on scene and noticed the Defendant to have the odor of an alcoholic beverage on his breath, bloodshot glassy eyes and admitted to consuming alcohol at Bokamper’s Bar and Grille in Plantation after stating to another officer that he had nothing to drink and that he was coming from K-Mart. The Defendant was asked to participate in Roadside Sobriety Exercises, but refused to do so citing numerous injuries and surgeries to his back and to his knees. The Defendant was arrested for DUI and refused to submit to a breath test. The firm filed a Motion to Suppress the Unlawful Detention of the Defendant for roadside exercises based upon the fact that the DUI investigator compelled the Defendant to participate in a roadside investigation for DUI after noticing only that the Defendant’s eyes were red. The State received the motion and dropped all DUI charges.   07/16/2010 09-1XXX4XXXM10A NO CONVICTION AS CHARGED DUI The defendant was charged with 5 separate counts of DUI causing Property Damage as a result of a 5 car accident that occurred in I-95 near Hollywood, Florida. Florida Highway Patrol Troopers arrived on scene to investigate the cause of the crash. According to the police paperwork several people involved in the accident identified the Defendant as the driver of the vehicle that caused the accident. The Officers noticed the Defendant to have the strong odor of an alcoholic beverage; bloodshot and watery eyes, flushed face and that he was unsteady on his feet. The officers then requested that the Defendant participate in Roadside Sobriety Exercises after making those observations, which the Defendant did. During the exercises, The Defendant could not walk in a straight line, and could not walk heel to toe during the walk and turn exercise. The Defendant was unable to hold his foot off of the ground and nearly fell over during the one leg stand. The Defendant was then arrested for DUI and refused to submit to a breath test. The Firm did a thorough investigation of the case and was able to prove through the use of depositions (sworn statements) that the officer was less than truthful in stating that other parties were able to identify our client as the driver. As a matter of fact, all of the parties gave depositions stating that each had no knowledge of who the driver was at the time of the crash, contrary to what the officer placed in his “sworn” reports. The State dropped all charges.   07/15/2010 20XXCXX03610AXX NO CONVICTION AS CHARGED DUI The Defendant made a right turn from the middle lane at Town Center Road and Military Trail and then failed to maintain its lane several times. The vehicle kept drifting in and out of the lane. After stopping the vehicle the Officer noticed that the driver smelled of alcohol and her eyes were bloodshot, glossy and she had slurred speech. A DUI officer arrived and asked her if she had been drinking. She stated she just came from Blue Martini and she had been drinking. The Defendant could not walk heel to toe during the walk and turn and did not have good balance during the One Leg Stand. Additionally, she was unable to touch her finger to her nose. During the alphabet task, the Defendant skipped the letter K and only got to the letter S the first time. On the second try, she was only able to get to the letter S. The Defendant was placed under arrest and taken to the Breath Facility at the Boca Raton Police Department. She was asked to submit to a breath sample where she got very argumentative, continually yelling and arguing with the officers about whether to take the breath test. After a significant period of time, the Defendant took a breath test which yielded results of .083 and .085. The Defendant also admitted to taking medication including sleeping pills. The Firm filed motions to exclude a number of different portions of the roadside videos as well as the breath testing videos regarding different medications she takes and the sleeping pills. All of the medications the Defendant took were not “controlled substances” under Florida Law. Thus, the firm argued, they were not admissible should the case have gone to trial. The State agreed to exclude those statements and portions of the video. Result: A week before the trial the State agreed to drop the DUI.   07/14/2010 20XXCXXX00446 NO CONVICTION AS CHARGED DUI The defendant was driving his intoxicated girlfriend home when an argument ensued between them. They were traveling northbound on I-95 in St. Lucie County when a Florida State Trooper pulled them over. According to the trooper, the defendant was speeding 89/70 and driving erratically by failing to maintain a single lane. The trooper claimed a strong odor of alcohol was coming from the vehicle. The trooper claimed that the defendant walked unsteady, had bloodshot eyes and slurred his speech. The trooper also claimed the defendant had failed the sobriety exercises. The defendant admitted to drinking two beers and a shot of liquor earlier in the evening. After arresting the defendant, the Trooper requested him to submit to a breath test. The defendant refused to submit. The Firm’s attorney set the case for trial. Prior to trial, the prosecutor attempted to resolve the case by offering a lesser charge of reckless driving. Confident in his representation by the Firm, our client refused the offer and went to trial. The firm’s attorney was able to persuade the jury to find our client NOT GUILTY.   06/28/2010 CXX00629XXXXXX NO CONVICTION AS CHARGED Racing on Highway On Oct. 11, 2009 the Defendant was stopped for Racing on Adamo Drive. The Defendant denied he was involved in a race. No other vehicles were stopped with the Defendant. The Deputy never created a police report detailing why he believed the Defendant was involved in a race. The State had nothing more than the ticket to build their case. On the day the case was set for trial, the State dropped the racing charge.   06/22/2010 20XXXCT0XX0068 NO CONVICTION AS CHARGED Permitting Unauthorized Driver The defendant was a passenger in a vehicle that was pulled over by Florida Highway Patrol in St. Lucie County. The driver admitted to the trooper that his driver’s license was suspended. The trooper arrested the defendant for Permitting an Unauthorized Person to Drive claiming the defendant admitted to knowing the driver did not have a valid license but let him drive because she was tired. Defense Counsel immediately demanded a trial. At trial, Defense Counsel cross examined the trooper and was able to show the trooper made material assertions at trial that were not included in his sworn affidavit. Additionally it was established the trooper never investigated who the vehicle actually belonged to; therefore the prosecutor was unable to prove an essential element of the charge – that our client possessed ownership, dominion or control over the vehicle. The Judge dismissed all charges in the middle of trial, prior to Defense Counsel even putting on his evidence. The judge found the prosecutor failed to establish all the necessary elements to proceed further. Our client was found to be NOT GUILTY.   06/17/2010 09-1XXX906XXXM10A NO CONVICTION AS CHARGED DUI A Fort Lauderdale Police Officer saw the Defendant’s vehicle driving without its headlights on. The officer attempted to stop the Defendant’s vehicle however the Defendant kept driving until she pulled into a parking lot of a convenience store approximately one half mile from the location where he initiated his lights. The stopping officer detected the odor of an alcoholic beverage coming from the Defendant’s breath, bloodshot eyes, slurred speech, and a flushed face. The DUI investigator arrived on scene and made identical observations to those of the stopping officer. The Defendant was then asked to submit to roadside sobriety exercises and she admitted to consuming two glasses of wine between the hours of 7 p.m. and 10:30 p.m. The Defendant performed poorly during the exercises and was not able to follow instructions. Based on the foregoing, the Defendant was arrested for DUI and refused to submit to a breath test. After the Defendant’s arrest, a blue cup filled with an alcoholic beverage was found inside the defendant’s vehicle under the driver’s seat. Result: The State dropped all DUI charges.   06/16/2010 09-0XX1XXXM10A NO CONVICTION AS CHARGED Reckless Driving, Carrying Concealed Weapon, Resisting without Violence The Defendant was seen by Plantation Police Officers to be involved in a road rage incident. He was driving at a high speed next to another car and intentionally steering it toward the other person’s vehicle and repeatedly cutting it off. The Defendant was stopped by the officer’s and asked to exit the vehicle after the officer saw the defendant was repeatedly reaching behind his seat in attempt to grab something. The Defendant stated to the officer “that he knew his rights” and refused to get out of the car. The officer forcefully took him out of the car and handcuffed the Defendant. The Defendant braced and tensed his arms in order to prevent himself from being removed from the vehicle. The officers then searched the car and found a black butterfly knife and a plastic bag with marijuana residue in it. The Firm took several depositions in regard to this matter and was able to demonstrate the many conflicts between the officers’ versions of the events. Furthermore, the firm presented the State with case law from the U.S. Supreme Court that shows that the search to find the knife and plastic bag may have been unconstitutional. The state dropped all charges.   06/15/2010 09-215XXXMM10A NO CONVICTION AS CHARGED DUI The Defendant was speeding coming from Boca Raton into Deerfield Beach going 47 in a 30 mph zone. The Defendant continued southbound and began to weave in his vehicle almost striking a curb. The Defendant’s vehicle was stopped by a Broward Sheriff’s Deputy. The Deputy made contact with the Defendant and noticed the odor of an alcoholic beverage, flushed face, bloodshot watery eyes, droopy eyelids and slurred speech. The Defendant repeatedly asked the Officer to explain the reason for stopping his vehicle. The Defendant was then asked to exit his car to perform roadside sobriety exercises. At that time, the Deputy noticed that the Defendant’s pants were open and his pubic area was exposed. The Defendant performed poorly on the exercises and was arrested for DUI as a result. The Defendant then refused to submit to a breath test on video. The video reflected the defendant to have slightly slurred speech and that he was acting in a strange manner. The firm filed a Motion to Suppress the Defendant’s Refusal to Submit to Testing based upon an improper reading of Florida’s Implied Consent Law which the State conceded to. All DUI charges were dropped.   06/02/2010 CT663XXXXXX NO CONVICTION AS CHARGED DUI On 12-27-09, at approximately 5:20 am, a Deputy reported that he witnessed the Defendant driving on Memorial Highway northbound. The Defendant was traveling 30 mph in a 40 mph zone, while drifting and weaving as they traveled. The Defendant exited Memorial Hwy onto Independence Pkwy which the Deputy noted the Defendant had difficulty negotiating the left bend in the roadway. Once on Independence Pkwy, the Deputy reported that the driver continued to drift and travel 10 mph under the speed limit. The Deputy then alleged the Defendant made a very wide radius turn onto George Rd. At this point, the Deputy activated his emergency equipment and stopped the Defendant for suspicion of DUI. After being stopped, the Defendant was requested to perform field sobriety exercises, which he complied. The Deputy believed the Defendant’s performance on the exercises was unsatisfactory and placed him under arrest for DUI. The Defendant submitted a breath test of .105 and .103. A video camera installed in the dash of the Deputy’s car recorded the entire driving pattern of the Defendant. The firm received a copy of the video and upon examination found the Deputy’s description of the driving pattern to be somewhat exaggerated. The firm filed a motion to suppress based on an illegal stop. Results: On the day the motion was to be heard by the Judge, the State dropped the DUI charge.   05/20/2010 20XXXT0XXX503AXX NO CONVICTION AS CHARGED DUI The Defendant was clocked traveling 45 miles per hour in a 35 mile per hour zone with her brake light out. After making an abrupt turn into a gas station, she was stopped by the officer. The defendant smelled of a strong odor of alcohol and had glassy eyes. She said she was working until 11 p.m. and had a glass of wine at work. She then said she went to the Key-Lime House where she had 3 vodka and orange juice drinks. She pulled into the gas station to buy wine coolers to bring to her friends house. During the walk and turn, the defendant did not walk heel to toe at all. During the Finger To Nose exercise, she continually held her hand on her nose after being told numerous times to put it right back down to her side after each command. During the alphabet task, she skipped around and missed some letters. She was taken into custody and charged with driving under the influence of alcohol. While at the Breath Alcohol Testing Facility, the Defendant told the officer that “she knew she should not be driving, but she had to pick up another friend at home who was more impaired. She was asked to submit to a breath test and continually asked the officer what she should do. She asked the officer what would happen if she blew over the legal limit versus if she refused the test. After the officer told her she had to make a decision, she finally refused. The Firm was able to get certain evidence excluded and convinced the Assistant State Attorney on the day of trial to dismiss the charge of Driving Under the Influence.   05/19/2010 5XXX01XXX00XXX03A NO CONVICTION AS CHARGED DUI A Port St. Lucie Police Officer pulled over the defendant while she was driving a moped. The officer claimed the reason for the traffic stop was that the defendant was in violation of Florida law for not wearing protective eyewear. During the traffic stop, the officer began to suspect that the defendant impaired by alcohol. The defendant submitted to the officer’s requests for her to perform field sobriety tasks. The officer claimed that she performed the tasks poorly and therefore charged her with DUI. Our legal team brought forth a legal motion after it was determined the officer did not make a lawful stop. The law requiring persons to wear eye protection applies only to “motorcycles.” However, the defendant was driving a moped that was powered by an engine less than what is defined as a “motorcycle”; therefore the law did not require her to wear protective eyewear. The DUI charge was dismissed.   05/13/2010 20XXXT03XXX78AXX NO CONVICTION AS CHARGED 2nd DUI outside of 5 years The Defendant was seen driving on Congress Avenue and was clocked going 53 in a 40 mph zone. The defendant was seen by the officer collide with a curb and then weave in and out of his lane. When the officer stopped the defendant he smelled an odor of alcohol on his breath, his eyes were bloodshot and glassy and his speech was slow and slurred. He fumbled through his documents to get his license and handed the officer a registration to a motorcycle instead of the GMC truck he was driving. After being requested out of his vehicle, he was asked to perform roadside exercises. During the walk and turn exercise, the officer testified that the defendant could not maintain his balance in the starting position and paused “several” times (2 or 3) to regain his balance. He testified that the defendant never walked heel to toe and took 10 steps up on the first set and never counted out loud. The Firm pointed out that the video showed the defendant stand perfectly still for the entire starting position, took 9 steps up and 9 steps back as instructed, never paused for even a second to maintain his balance and was actually NEVER even instructed to count out loud. The officer testified that during the one leg stand, the defendant never even got to 30 and did not count out loud. The Firm pointed out that the defendant, on the video, counted all the way to thirty seconds with his foot up and was NEVER even instructed to count out loud. After these two exercises, the defendant was asked to sit back in the driver seat of his truck where the officer then shut off the audio portion of the roadsides. After 2 minutes, the defendant was arrested for Driving Under the Influence of Alcohol and taken to the Breath Alcohol Testing Facility. The officer requested a breath sample and the defendant refused. He told the officer that he had been drinking with his neighbor and he had a couple beers earlier in the evening. The Jury returned a verdict in 5 minutes of not guilty.   05/11/2010 20XX-CXXT-5XXX75 NO CONVICTION AS CHARGED Driving While License Suspended The Defendant was charged with Driving While License Suspended Habitual and came to hire our services just a few days before he was scheduled for a jury trial. He had 12 prior Driving While License Suspended convictions and as a result was looking at a possible long jail sentence if convicted. After reviewing the case we filed a motion to dismiss all charges on grounds that the case was not prosecuted in the properly prescribed time limits as well as a motion to suppress the evidence in the case because of an unlawful stop of the vehicle. The Judge agreed and dismissed all charges.   05/11/2010 09-XXX685XXXM10A NO CONVICTION AS CHARGED DUI The Defendant was found passed out in her own vomit inside her car. The car was in a parking lot, but was in a travel lane in which a person would try to find a parking space and was on an angle. The car’s lights were on and the engine was running, but was in park. The officer repeatedly knocked on the car’s window in an effort to wake the Defendant. Eventually, the officer, concerned for the Defendant’s well being, opened the car door and smelled the pungent smell of alcohol saw the Defendant’s vomit all over the driver’s area of the car. The Defendant’s head was resting against the steering wheel; her feet were on the floor of the car; her hands were hanging by her sides and she was clearly passed out due to alcohol. The officer removed the keys from the vehicle and called for BSO Task Force. The DUI investigator made the exact same observations as the first responding officer in addition to those of slurred incoherent speech; disorientation to place and time and extreme unsteadiness. The Defendant was asked out of the vehicle and was extremely unsteady on her feet. The Defendant told the DUI investigator that she was in Delray Beach even though she was in Fort Lauderdale. The Defendant admitted to consuming vodka drinks and had no idea how she even arrived at that location. The Defendant was then asked to perform roadside sobriety exercises, but could not come close to doing them due to the degree of her impairment. The exercises were stopped and the Defendant was arrested for DUI. The Defendant then refused a breath test. The Defendant was found NOT GUILTY after a two day jury trial.   05/07/2010 09-1XXX30XXF10A NO CONVICTION AS CHARGED Felony DWLS-Habitual Offender The Defendant was stopped for speeding 53 mph in a 35 mph zone. The Defendant handed the officer a Florida Identification Card instead of a driver’s license. A records check revealed that the Defendant was driving on a 5 year Habitual Traffic Offender revocation. This case was filed as a felony offense, punishable by 5 years in prison. The firm filed a Motion to Dismiss demonstrating that these charges were unlawfully filed by the State of Florida as a Felony. The State conceded to our Motion to Dismiss and all felony charges were dropped.   05/05/2010 CTCXXX560XXXXXX NO CONVICTION AS CHARGED DUI The defendant was stopped for traveling 60 mph in a 45 mph zone. It took the defendant almost ¾ of a mile before he pulled over his vehicle from the time the officer initiated his emergency lights. Upon making contact with the Defendant, the officer immediately noted the odor of an alcoholic beverage. The Defendant stated he was coming from Clearwater and on his way to Tampa. The officer also noticed that the Defendant’s eyes were bloodshot and watery and his speech was mumbled. The officer called for a DUI investigator based on his observations. The DUI officer arrived and made similar observations as the initial officer. The Defendant was asked to exit his vehicle and he had difficulty opening the door. The Defendant swayed while he stood and continued to talk with a very thick tongue, creating a mumbled slur to his words. The Defendant agreed to perform field sobriety exercises, but alerted the officers to a torn ACL in his right knee. During the walk and turn test, the Defendant became uncooperative and requested to see the officer complete the exercise. When the officer refused, the Defendant said, “just take me to jail and arrest me for DUI.” The Defendant then agreed to perform the exercise after being advised that refusal to do the test could be held against him. The Defendant did not perform the test to the satisfaction of the officer. The Defendant also performed the finger to nose test, which also indicated impairment. The Defendant was placed under arrest for DUI. A search of his vehicle revealed a red cup stuffed between the passenger seat and center console. The cup had ice cubes and a liquid that smelled like vodka. An open bottle of vodka was also found on the floor in the back seat. Result: The DUI charge was dropped and the open container and speeding tickets were dismissed.   05/04/2010 1XXXM029XXXXX NO CONVICTION AS CHARGED Possession of an open container of alcohol During the Gasparilla Parade, the Defendant was seen walking on the sidewalk, holding a red cup. The officer approached the Defendant and asked him for identification. The Defedant provided a valid driver’s license and also verbally identified himself. The officer noticed a distinct odor of alcohol coming from the Defendant’s person. The defendant also stated, “It’s just beer” when asked about the contents of his cup. The Defendant was then arrested for possession of an open container of alcohol. Results: Case was dismissed by the Judge.   05/04/2010 09-2XXX9XXXM10A NO CONVICTION AS CHARGED DUI-Property Damage The Defendant was traveling on I-595 Westbound and crashed into another vehicle at a high rate of speed. A Florida Highway Patrolman arrived at the scene of the crash and witnessed the Defendant place a large piece of bubble gum in her mouth. The patrolman noticed that the Defendant had a strong odor of an alcoholic beverage coming from her facial area and her eyes were bloodshot, red and watery, the patrolman requested that the Defendant perform roadside sobriety exercises and she agreed. The Defendant performed the roadsides poorly. The Defendant actually walked backwards during the second set of 9 steps during the walk and turn. She also used her arms for balance and did not touch heel to toe. During one leg stand, the Defendant put her foot down repeatedly, swayed significantly, and repeated several numbers while counting. The Defendant was arrested for DUI and refused the breath test. The State dropped all charges.   04/30/2010 200XXXT0XX581AXX NO CONVICTION AS CHARGED Driving Under the Influence, Causing or Contributing to Damage to Person or Property An officer was approached by a passerby at approximately 6:55 a.m. that a vehicle was partially in a canal on Military Trail. The officer arrived on scene and saw the truck had driven over a guardrail and smashed through it. The vehicle was resting on a fence that divides the roadway from the Canal. The Defendant stated that his power steering went out and that he drove off the road. The other person on scene said that the Defendant abruptly swerved to the left and went through the guardrail. There were no brake marks on the roadway. The Defendant’s eyes were red and bloodshot and his face was flush. He was pacing around in the area and continuously smoking or chewing gum. He produced incorrect documents and had a strong odor of alcohol coming from his breath. He stated he was coming from the Blue Boar Local Bar and that he had 4 to 5 beers. He was requested to perform roadside tasks and refused to perform them. After being arrested for Driving Under the Influence, he was taken to the Breath Center where he was asked to submit to a sample of his breath to determine the alcohol content. The Defendant refused to give a breath sample. The Firm filed a motion to suppress any and all statements made to the officers on scene as a violation of the accident report privilege due to the Defendant not being Mirandized. The State agreed to exclude all of those statements. Additionally, the Firm took the depositions of the arresting officer and the crash scene investigator. Both transcripts indicated that the facts were not sufficient for the State to prove the case beyond a reasonable doubt. The crash officer admitted in deposition that the Defendant was “not exhibiting the normal signs of someone who was impaired.” Result: The State read both the transcripts and dropped the DUI charge.   04/29/2010 20XXXT00XXX97AXX NO CONVICTION AS CHARGED DUI The Defendant was driving on Jog Road North of 10th Avenue where he was weaving and crossing over onto the inside lane and back to the center lane and onto the outside lane. The vehicle drove this way for 1 mile and almost collided with the raised concrete curb 4 times within a ½ mile. The officer immediately noticed a strong odor of alcoholic beverage emitting from his breath and his eyes were bloodshot red, watery and glassy. His speech was slurred and mumbled at times. When asked for his documents, he fumbled through his wallet. When asked to step out of the car, he fumbled for the door handle and was unsteady as he exited the vehicle. When he was first asked if he had been drinking, he said he had not and then later changed his story to a couple drinks. During the Walk and Turn, the Defendant could not keep his balance, started the task 3 different times before being told to and missed heel to toe on 6 of the steps. He turned around improperly and the wrong way as well. During the One Leg Stand, the Defendant started the task 3 times before being told to and put his foot down numerous times. Additionally, he kept counting past 30 seconds when he was told to stop at 30. He also would not look at his foot like instructed. During the alphabet task, the Defendant missed and jumbled letters the first time and did it correctly the second time. He was placed under arrest and taken to the Breath Testing Facility where he gave a breath of a .082 and .082. The Firm filed a motion to suppress all of the Defendant’s statements that he made at the Breath Testing Facility as they were made in violation of his right to remain silent. The State agreed to the motion. Additionally, the Firm convinced the State that the evidence did not establish that he was under the influence at the time of driving. Result: The State agreed and dropped the DUI charge on the day of trial.   04/27/2010 0XXT00XXX4907 NO CONVICTION AS CHARGED Leaving Scene of Accident The defendant was arrested by Port St. Lucie Police for leaving the scene of a crash after a witness claimed the defendant backed her truck into an unoccupied car in the parking lot of a pharmacy. Upon research and investigation into the alleged facts by the firm’s attorney, it was established the State of Florida would be unable to prove that a crash had occurred as there was no damage to our client’s vehicle. Furthermore, even if a crash did occur, the State of Florida would not be able to prove that our client had knowledge of the crash. The firm’s attorney immediately set the case for trial. The State of Florida dismissed all charges on the day of trial.   04/26/2010 20XXXT0XXX45AXX NO CONVICTION AS CHARGED DUI The Defendant left the Key Lime House at about 11:45 p.m. on November 9th, 2009 when the officer witnessed him throw a cup of beer in the parking lot. The officer requested that the defendant pick up the cup and throw it out. The Defendant was mumbling and almost fell over. The officer asked if someone was picking him up and he said he had a friend coming. The officer then followed the defendant to his car where she saw him jump in and proceed to drive. She attempted to open the door and flash her flashlight at him and told him to stop. He then hit the gas and accelerated a high rate of speed onto Ocean Blvd. The Officer then called dispatch and advised the tag number of the vehicle through a BOLO. Another officer in the area then saw the defendant’s vehicle which almost struck his vehicle. The officer had to break to avoid a collision. This officer contacted the Officer from the Key Lime House and she arrived on scene to conduct a DUI investigation. During the walk and turn, the defendant had to be instructed 3 times how to perform the task and never touched heel to toe. He did not count his steps out loud and was stumbling on the video. The Defendant could not complete the one leg stand after numerous attempts to explain it. During the finger to nose task, the defendant kept lifting his foot and legs as if he was instructed to walk even though he was never told to do that. The Defendant was not able to get past the letter G on the alphabet task and had to terminate that task. He was arrested for DUI and taken to the Breath Facility where he refused a breath test. The Firm spoke to the State about the possible problems with the case, including the fact that there was no audio on the roadside tape and the breath testing video did not depict a person who was impaired as the Officer explained in her reports. Result: The State agreed on the day of trial to drop the DUI charge.   04/23/2010 0900843XXXXX, 0900843XXXXX NO CONVICTION AS CHARGED Driving while license suspended and leaving the scene of an accident The Defendant was involved in a 2 car accident. The Defendant stopped and spoke with the other driver after they pulled into a parking lot. The Defendant provided his business card to the other party and left the scene. When an officer arrived to the scene and spoke to the driver of the second vehicle, she relayed this information to the officer. The officer then called the Defendant and spoke to him about the details of the crash. The officer then ran the Defendant’s driver’s license and found it was suspended. The Defendant was charged with driving while license suspended with knowledge and leaving the scene of an accident without providing proper information. Result: The State dropped both the driving while license suspended with knowledge and leaving the scene of an accident charges.   04/22/2010 10-CM-20XXXXX NO CONVICTION AS CHARGED Possession of Open container The Defendant was walking away from Bayshore Ave on Rome Street during the Gasparilla parade carrying a plastic cup. The Defendant, along with 3 other individuals, was stopped by a Tampa Police officer to determine the contents of their cups. After this stop, the officer asked the Defendant about the contents of the cup, which he replied was an alcoholic beverage. The Defendant was cited for possession of an open container of alcohol. Results: The firm filed a motion to suppress the evidence. After the judge granted the motion, the State dismissed the charge against the Defendant.   04/19/2010 XX99-MXXXM-8X8 NO CONVICTION AS CHARGED DUI This DUI case involved an Officer who stopped the defendant for going too slow and having a vehicle that was stalling out. Once stopped the officer stated that he noticed the smell of alcohol, and asked the defendant to perform roadside sobriety exercises. The officer then requested that the defendant submit to a blood draw to determine his blood alcohol content. The defendant was then charged with Driving Under the Influence. After a motion to dismiss was filed the State Attorney agreed to drop all charges.   04/16/2010 20XXT0XXX974AXX NO CONVICTION AS CHARGED DUI The Defendant was driving at 1:30 a.m. on A1A when an officer observed his brake light out and his tag expired. After stopping the vehicle, the officer approached the defendant\'s car. The Defendant had a cooler of beers in the bed of his truck with several empty beer cans spread around. After speaking with the defendant, the officer noticed that his knuckles were red and scratched. The Defendant stated he was mad at his mother. The Defendant was asked to step out of the car where he was unsteady on his feet and needed to use his car to support himself. The officer then noticed that the Defendant had an odor of alcohol coming from his breath. He admitted that he had been drinking earlier that day. The officer then asked him to perform roadside exercises. On the Walk and Turn exercise, the Defendant stumbled on the first step, raised his arms to balance himself on the 6th step, spun around improperly, asked how he was supposed to return after the first 9 steps up and swayed throughout the exercise. During the One Leg Stand, the Defendant put his foot down on the 9th count and started over instead of counting where he left off. He also raised his arms to balance himself and swayed throughout the exercise. During the Finger to Nose, the Defendant touched his lip on several attempsts instead of his nose and used the wrong hand on one occasion. He also swayed throughout this exercise. After being arrested, the Defendant was taken to the Breath Alcohol Facility. The video of the Defendant was introduced and shown to the Jury. The Defendant was wearing a white T-Shirt with BIG BLOCK BOLD LETTERS that stated: \"I AM NOT DRUNK! I AM JUST NORMALLY A LOUD, FUNNY AND CLUMSY PERSON\" The Defendant separated his legs on the video as if to steady himself while standing. He was asked to give a breath test and refused. After a two day jury trial, the jury returned a verdict of Not Guilty.   04/15/2010 CTXX00727XXXX NO CONVICTION AS CHARGED DUI While on patrol, a DUI officer noticed a vehicle stopped at the red light of Brorein and Franklin St. The vehicle was completely beyond the stop bar. The vehicle lurched forward several times before the signal changed and then accelerated rapidly. The driving pattern indicated that the driver was possibly impaired.The officer then made a traffic stop. The driver had a distinct odor of alcohol on her breath and her eyes were bloodshot and glassy. The Defendant had an unsteady appearance that was consistent with that of an impaired driver. The officer then administered field sobriety exercises. The Defendant failed to maintain her balance, started prior to being instructed, did not touch heel to toe, stepped off the line and took the wrong number of steps on the walk and turn test. On the one leg stand test, the Defendant had to put her foot down and swayed. The Defendant was placed under arrest for DUI. She refused to provide a breath sample. Results: Case was set for trial and the State dropped the DUI charge.   04/14/2010 20XX-CXXT-5XX51XX NO CONVICTION AS CHARGED DUI The defendant was pulled over for making an illegal left turn and driving around 3 orange barrels. The officer noticed an odor of alcohol on the drivers breath, bloodshot eyes, and slow speech. He also noticed that he was unsteady when he exited the vehicle. After performing field sobriety exercises, the defendant was arrested for DUI and taken to jail. He refused to give the officer a breath sample. On the day of trial, the state dropped the DUI Charge.   04/13/2010 09-CXT-00511XXXX NO CONVICTION AS CHARGED Racing An officer was parked with his window open on Platt St. The officer’s attention was caught by the sound of two loud engines. The roar of the engines indicated that the vehicles were traveling at a high rate of speed. The officer then observed the 2 vehicles traveling at an estimated speed of 70 mph. Both vehicles continued to attempt to outgain one another as they passed the officer. The two vehicles then came to a stop at a red light which allowed the officer to catch up to them. As the officer pulled up behind the 2 vehicles, the light turned green and the Corvette abruptly accelerated from a stopped position. The Defendant was soon traveling at a high rate of speed again. The Corvette’s speed was clocked at 60 mph in a 40 mph zone. At this point the officer activated his overhead lights and conducted a stop on the Corvette. The Defendant was asked if he was racing the other car and he said “No, I wasn’t trying to.” The Defendant was arrested for Racing on the Highway. Results: The case was set for trial and on the day of trial, the State dropped the racing charge.   04/13/2010 08-137XXX41MXXM10A NO CONVICTION AS CHARGED DUI This case involved the Defendant’s second DUI offense within 5 years of a prior conviction, which is punishable by mandatory jail time and a 5 year driver’s license revocation. The Defendant was clocked by a road patrol officer for the Davie Police Department going 90 mph in a 50 mph zone. The officer initiated a traffic stop and noticed the Defendant to have the odor of an alcoholic beverage on his breath; bloodshot and watery eyes; and needed to use the door of his vehicle for assistance when he exited his vehicle. The Defendant was then taken to an area for roadside sobriety tests. The Defendant put his foot down several times during the one leg stand and began counting in a scattered manner during that exercise. During the walk and turn exercise, the defendant missed walking heel to toe on at least four occasions and could not maintain the instructional position. The Defendant was arrested for his second DUI and refused the breath test resulting in the suspension of his driver’s license. The Defendant also admitted to consuming multiple alcoholic beverages prior to driving. The Defendant was found not guilty by a jury after trial.   04/12/2010 200XXXT03XX41AXX NO CONVICTION AS CHARGED Driving on A Suspended License (5 year DUI Revocation) The Defendant was driving his vehicle at night when a police officer with the Boca Raton Police Department stopped him for failing to stop at a stop bar. The Officer gave the defendant a warning for failing to obey a traffic control device. After running the Defendant’s license, the Officer found that it was suspended for 5 years due to 2 DUI convictions within 5 years. The Defendant’s license was still suspended and he did not have a hardship license nor an interlock on his vehicle. The State of Florida offered the defendant forty-five days in the Palm Beach County Jail in exchange for a guilty plea. The firm took the deposition of the police officer to determine what facts the officer had to support his probable cause. The officer could not recall whether he was behind the defendant or to the side of him. He could not recall how far past the stop bar the defendant was parked. He could not recall whether there was a crosswalk or any pedestrians in the road. The Firm then filed a motion to suppress arguing that the Defendant was stopped without probable cause of a traffic infraction. The Judge granted the motion and the State dropped the charges.   04/12/2010 CT-00717XXXXX NO CONVICTION AS CHARGED DUI The officer was eastbound on Kennedy Blvd when he observed the Defendant’s vehicle about four car lengths ahead of him in the left lane. The Defendant drifted on and off the left lane marker. The Defendant then drove about half-way into the westbound left turn lane before returning into his lane. The Defendant then turned left at the next intersection. A stop for possible DUI was conducted. The Defendant immediately exited his vehicle and appeared unaware of the officer’s activated overhead lights. The Defendant was noticed to have an odor of an alcoholic beverage on his breath and his eyes were bloodshot and glassy. The Defendant refused to perform field sobriety exercises even after being warned that his refusal would be used against him in court. The Defendant was placed under arrest for DUI and refused to provide a breath sample. Results: State dropped the DUI charge.   04/01/2010 09-0XXX64XXM10A NO CONVICTION AS CHARGED DUI This case was the defendant’s second DUI within 5 years of a prior DUI conviction and requires a mandatory jail sentence and 5 year driver’s license revocation and the imposition of an interlock device (breathylizer) on the vehicle, if convicted. On June 26, 2009, the Defendant was traveling on I-595 just west of Nob Hill Road. The Defendant was driving in stop and go traffic and the vehicle in front of the Defendant’s vehicle stopped suddenly. In an attempt to avoid the collision (which he was unable to) the Defendant lost control of his vehicle; hit the vehicle in front of him; left the roadway and crashed through a fence separating I-595 and SR 84. A Florida Highway Patrol Trooper arrived on scene to investigate the crash and noticed that the Defendant had a strong odor of an alcoholic beverage, bloodshot and watery eyes and was extremely unsteady on his feet. The Defendant was identified as the driver of the vehicle and was asked to perform roadside exercises. During the roadside exercises, the Defendant almost fell several times and was arrested for DUI. The Defendant refused to submit to the breath test. All DUI charges were dropped by the State.   04/01/2010 20XXXT00XX544AXX NO CONVICTION AS CHARGED Racing The Defendant was charged with Racing on a Highway. The officer alleged that the Defendant was drag racing and accelerating in an occupied parking lot. The Defendant was facing an automatic one year license suspension should he have been found guilty of the crime. The Firm filed a Motion To Dismiss the criminal charges immediately citing case law in the 4th District Court of Appeal holding the Racing Statute unconstitutional. On the day of the hearing, the State agreed and dismissed the charge.   03/31/2010 20XXXT0XX502AXX NO CONVICTION AS CHARGED DUI The Defendant was observed by an officer spinning his tires and fishtailing his vehicle across two lanes of traffic onto the I-95 ramp. The officer then activated his emergency lights when the defendant slammed on his brakes almost causing the officer to rear end the vehicle. The defendant stopped his vehicle and was approached by the officer. He had a blank and confused stare on his face when asked by the Officer if he knew why he was stopped. The Defendant then took 5 or 6 minutes to look for his license and registration and finally handed the officer his credit card. The Defendant admitted to drinking 3 beers, he smelled like alcohol and his movements were slow and lethargic according to the officer. Additionally, while waiting for the DUI Task Force officer, the Defendant fell asleep and was slumped over in the car with his head down. After being woken up by the officer, he was requested out of the vehicle to perform roadside tasks. He admitted to this officer that he had drank only 1 beer. He was asked to perform the walk and turn where he could not stand in the starting position and was unsteady on his feet. He had to be instructed more than 4 times how to conduct the walk and turn exercise. According to the officer, he only walked heel to toe 2 times out of 18 steps. On the one leg stand, the defendant could not hold his foot up for more than 9 seconds and put his foot down 4 times. During the Finger to Nose exercise, the Defendant missed the tip of his nose on 2 occasions and used the left hand when the officer called the right hand twice in a row. The Defendant also stated “that is a good trick” when the officer instructed him on the finger to nose exercise. The Defendant was placed under arrest and was taken to the breath alcohol testing facility where he refused to give a sample of his breath. He said that he drank the night before and there might be something in there. He was advised his license would be suspended for 1 year but still refused to give a sample of his breath. The Firm challenged the State’s evidence and vigorously cross examined the two officers involved in the case. The Jury deliberated for 5 minutes and returned a verdict of Not Guilty.   03/30/2010 CT00056XXXXX NO CONVICTION AS CHARGED DUI Florida High Patrol trooper was dispached to the scene of a crash on I-75 south. Upon his arrival, he determined it was a single vehicle crash. He met with 1 witness who stated he saw the Defendant veer off the roadway where she struck a sign post with the front of her car. The trooper met with the Defendant who had a strong odor of alcoholic beverages on her breath. She also had bloodshot and watery eyes, slurred speech and was incoherent. She was unable to communicate any details about the crash. The Defendant was unable to stand for even short periods of time. When asked to stand while the trooper explained his presence at the scene, the Defendant stated, “she had to go to sleep” and then laid on the ground. The trooper had to assist her off the ground and placed her under arrest for DUI. An open container of alcohol was found inside the vehicle. While transporting the Defendant to the Central Breath Testing, the Defendant began screaming obsenities and demanding heart medicine which was supposed to be in her purse. A search of her purse revealed no medication. Upon arrival at the jail, the Defendant was unable to walk and had to be assisted into the building to central booking. The trooper requested a breath sample once inside the Central Breath Testing center. The Defendant was read Florida’s Implied Consent law and she refused to respond in any way. Her silence was treated as a refusal and she was booked for DUI. Results: the State attorney’s office dropped the DUI charge and the Judge dismissed the open container citation.   03/30/2010 08-01XX78XXXM10A NO CONVICTION AS CHARGED DUI The Defendant was stopped by an Officer from the Seminole Police Department for weaving in and out of traffic and traveling at a high speed as he proceeded toward the Hard Rock Hotel and Casino. Upon making contact with the Defendant, the officer noticed the Defendant to be unable to handle his vehicle documentation; that he had the strong odor of an alcoholic beverage; bloodshot and glassy eyes; and that his speech was slurred and incoherent. When the Defendant exited his vehicle he almost fell to the ground. The Defendant was asked to perform roadside sobriety exercises, but they had to be stopped due to the Defendant’s appearance that he would fall and hurt himself and because he was unable to perform them in a manner to dispel the officer’s belief that he was DUI. The Defendant was then arrested for DUI and refused to submit to the breath test. The firm filed a Motion to Suppress the traffic stop which was granted. The firm was able to prove several inconsistencies within the officer’s testimony concerning what the Defendant did wrong while driving and, ultimately, prove that no traffic violation was committed prior to the stop. The State dropped all charges   03/30/2010 10-XXM-00XXX5; 10-MXXM-00XXXX2; 10-MXM-0000XXX0; 1 NO CONVICTION AS CHARGED Possession of Cannabis All of these cases were part of the same case and we represented all four defendants. The case involved four individuals in a vehicle who were stopped for having a non functional left brake light. Upon stopping the vehicle the officer detected a smell of marijuana and asked the defendants to step out of the vehicle. The officer then asked where the marijuana was in the vehicle. The defendants talked for a moment and then opened their glove box and handed the marijuana to the officer. All four defendants were charged with possession of marijuana and possession of drug paraphernalia. After we filed a motion to suppress all the evidence in one of the cases, the State Attorney’s office agreed to dismiss all charges against all four defendants.   03/30/2010 09CXXXF3XXX50 NO CONVICTION AS CHARGED Lewd or Lascivious Conduct (3 Counts) The defendant was arrested for three counts of Lewd or Lascivious Conduct on a child. He was facing a maximum punishment of 45 years in prison. The prosecution made an offer of 12 years prison to resolve the case. After hiring us, our legal team began combing through the State’s evidence. It was found that the named victim, a fifteen year old girl, told her mother that she and our client had been having sex for five months. The named victim did not tell her mother this until four months after the alleged last sexual encounter. It took the mother another two months before she called the police to report the alleged conduct. Once assigned to the case, the detective merely took statements from the named victim and her mother before making the decision to arrest the defendant. The detective did not attempt to get any evidence that would corroborate the named victim’s allegations. The detective never attempted to speak to witnesses, he never attempted to find blood, saliva, semen, hair or any other DNA or fingerprints from the numerous locations the named victim stated she had sex with the defendant. Furthermore, the detective never bothered to find out what the results of the named victim’s medical testing were or what evidence, if any, was located on a computer the named victim stated she communicated with the defendant. Our legal team took the case to trial. In the midst of trial, the prosecutor made an offer to drop two counts and to a 3 year prison sentence. The defendant client accepted the offer, which was 75% lower than the original one.   03/25/2010 09-23XX3MXXM10A NO CONVICTION AS CHARGED Petit Theft The Defendant entered a Walgreen’s Pharmacy and attempted to remove a pack of razor blades. The Defendant made no efforts to pay for the item and passed all points of sale. The Defendant attempted to leave the store and was apprehended by a loss prevention officer. The Defendant admitted his attempt to steal to the loss prevention officer. The State dismissed the charge for Petit Theft.   03/24/2010 0XX9-CT-00XXX210 NO CONVICTION AS CHARGED DUI This case was a DUI that involved the defendant being stopped for an extensively bad driving pattern: following too closely, improper lane change, crossing the stop bar, and weaving across lanes of traffic. Once stopped the defendant admitted to having two beers over the course of six hours and to taking prescription muscle relaxers. After an extensive review of the case it was discovered that there were numerous problems with the State’s case, mainly that a drug test was never requested by the officer involved in the case and that the defendant’s performance on the roadside exercises were not bad enough to be indicative of impairment. The State Attorney’s Office amended the DUI charge to reckless driving.   03/05/2010 MXXM10-0XXX06X5-BA NO CONVICTION AS CHARGED Drug Possession The defendant was charged with maintaining a vehicle for drug use. The defendant\'s vehicle was stopped for having a cracked windshield in the middle of his field of vision. During the stop the officer asked for permission to search the vehicle, which the officer alleged was given. While searching the vehicle it was discovered that the passenger’s jacket contained methamphetamine and over $5,000.00 in cash. In addition, the officers discovered many tiny statues and items relating to “Santisima Muerte” commonly referred to as “The Death Saint”. The police were alleging that the defendant was maintaining his vehicle for selling drugs because they found drugs on a person in the car, significant amounts of cash, and that “The Death Saint” is known as the drug dealer’s saint. After we researched the issue and spoke with the State Attorney, the State Attorney agreed that the evidence in the case was not enough to continue with a case against the client for maintaining the vehicle for drug use and dismissed the case.   02/17/2010 200XXTXXXX532AXX NO CONVICTION AS CHARGED DUI The Defendant was stopped for running a red light. Once the Defendant was stopped, he attempted to exit the vehicle without it being in park. He was ordered to get back in his car when he attempted to exit his vehicle another 3 times after already being ordered to get back in his vehicle. The officer approached the Defendant and he was chewing an unknown substance excessively. When asked for his license and registration, he fumbled through his wallet and glove compartment for over a minute when his license was right in the front of the wallet in plain view. A DUI unit was called and the Defendant was asked to exit the vehicle where he had to hold onto it for support. The Officer smelled an odor of alcohol coming from the Defendant’s breath, his eyes were bloodshot, glassy and watery and his speech was slightly slurred. During the Walk and Turn, the Defendant fell out of the starting position and turned improperly. He did not count out loud as instructed and turned improperly stumbling a bit to the side. He then stepped off the line 2 more times on the way back not counting out loud. During the One Leg Stand, the Defendant hopped when he first picked his foot up and then stumbled backwards. He then put his foot down after 12 seconds and had to be reminded to continue where he mixed up the count at 15 one thousand and instead said 18 one thousand. During the Finger to Nose Exercise, the defendant was swaying back and forth and when the Officer called the right hand twice, the Defendant used his left hand instead of the called right. He also kept opening his eyes contrary to the instructions to keep them closed. When asked to recite the Alphabet from A to Z, the Defendant slurred his speech, said it very quickly and said T, R, X, T, W, X, Y, Z. The Defendant admitted on scene that he had drank a couple of beers and had taken codeine for a cold. After he was placed under arrest, he was taken to the Breath Alcohol Testing Facility where he refused to give a sample of his breath after being told his license would be suspended for 12 months for the refusal. He admitted, post Miranda, to drinking 2 - 16 ounce cans of beer 45 minutes before he drove, admitted to taking the codeine just prior to drinking the beers, and admitted that he “could feel the effects of the alcohol”. The State of Florida called an expert forensic toxicologist to testify that he reviewed the arresting officer’s reports and the videos and in his opinion, the actions of the defendant were consistent with someone impaired by the additive effects of codeine and alcohol. The Firm challenged numerous inconsistencies in the Officer’s Testimony and discredited the State’s Expert Witness through cross-examination. After a 2 day jury trial, the jury returned a verdict of Not Guilty of Driving Under The Influence.   02/12/2010 09-2XXX19XXXXM10A NO CONVICTION AS CHARGED Contributing to the Delinquency of a Minor Two weeks prior to September 13, 2009, the defendant’s step daughter ran away from home. On September 13, 2009, the child was found by officers of the Sunrise Police Department trespassing in an abandoned home. The child has an extensive juvenile criminal history as well as a history of running away from home. The child was taken to the Sunrise Police Department and the Defendant and his wife were contacted to pick-up the child, which they did. Upon arrival at the Police Department, the child refused to leave with the Defendant and his wife, the child’s biological mother. The Defendant and his wife were advised by Sunrise Police that they would be arrested if they left the premises. The Defendant and his wife left the premises and told police to call the child’s father, which they did. The Defendant’s exited the police department parking lot in their car and were arrested for Contributing to the Delinquency of a Minor. The Firm was able to provide the State with proof from child services that the child was ungovernable. All charges were dropped.   02/01/2010 08-13XX62XXXM10A NO CONVICTION AS CHARGED DUI The Defendant was stopped for having an expired license plate. Upon making contact with the Defendant the Officer noticed the Defendant to have the odor of an alcoholic beverage about his breath, bloodshot eyes, slurred speech and his large motor skills seemed to be affected. Upon being asked by the officer to produce his driver’s license, the Defendant handed him a credit card. The Defendant admitted he had been drinking prior to getting in the vehicle. The Defendant was asked to perform roadside exercises and performed poorly. The Defendant was arrested for DUI and submitted to the breath test. The results were .136/.141 g/210L, almost twice the legal limit. All DUI charges were dropped by the State of Florida   01/28/2010 09-1XXX34XXMM10A NO CONVICTION AS CHARGED DUI The Defendant was stopped for speeding 88 mph in a 45 mph zone by a member of the DUI Task Force. The Deputy approached the vehicle and noticed the Defendant to have the odor of an alcoholic beverage, slurred speech, bloodshot watery eyes, and acted in a dazed and unresponsive manner when being spoken to. The Defendant admitted to consuming 5 to 6 drinks in the hour before being stopped as well. The Defendant refused to perform roadside exercises citing that “one leg was shorter than the other” and refused the breath test. The Defendant was arrested and was seen on video passing out in the back of the police car on the way to the jail. All DUI charges were dropped by the State of Florida.   01/25/2010 2000XXXT16XXX68 NO CONVICTION AS CHARGED Driving Under Suspension with Knowledge A St. Lucie County Sheriff’s Deputy pulled the Defendant over and learned his driver’s license was suspended. The Defendant attempted to explain he had no knowledge of the suspension but was cited for the criminal charge anyways. Once hired, Defense Counsel learned the Defendant’s license was suspended because of an error regarding child support payments. The Assistant State Attorney initially refused to drop the charges after Defense Counsel provided him evidence of the error. Defense Counsel set the case for trial. The Assistant State Attorney then dropped all charges.   01/25/2010 200XXXCXXX0069 NO CONVICTION AS CHARGED DUI The Defendant crashed his car into a parked car in the parking lot of a hotel. A Ft. Pierce Police Officer responded to the scene and allegedly that he smelled a strong odor of alcohol, noticed the defendant slurred his speech and admitted to having a couple of beers. The Defendant was arrested after performing poorly on the field sobriety tests and refused the breathalyzer. Defense Counsel immediately began to build the Defendant a strong defense. Defense Counsel learned the Defendant suffered from numerous medical conditions that could affect his performance on the field sobriety tests including cancer, double knee replacements, diabetes, and a bump on the head from the crash. Furthermore, the officer never inquired whether the Defendant suffered from any conditions which may hinder his performance with the tests. Defense Counsel first prepared and won a motion striking all admissions by the Defendant because the officer did not properly adhere to the “accident report privilege.” Then Defense Counsel set the case for trial. The prosecutor dropped all charges right before the trial was to begin.   01/22/2010 200XXXF1XX888 NO CONVICTION AS CHARGED Escape, Battery on a Law Enforcement Officer, Resisting Arrest with Violence and Open Container A deputy of the Indian River County Sheriff’s Office alleged he observed our client drinking a beer in the parking lot of a bar. The deputy claimed he grabbed our client to arrest him for violating the County’s Open Container Ordinance. The defendant allegedly resisted the deputy’s arrest by striking him in the head and body numerous times. Our client fled to a nearby wooden lot to hide, but was later apprehended by a K-9. Later, out client was alleged to have admitted to “fighting” the deputy. The State Attorney’s Office made a plea offer of 26 months prison to three felony charges. Once hired, Defense Counsel immediately began working on a defense. Through research, Defense Counsel learned that the Defendant did not actually violate the open container ordinance because the particular ordinance only applies to convenience stores and vacant properties, not bars or restaurants. Therefore, the deputy was actually making an illegal arrest. Furthermore, through defense counsel depositions, it was determined there was no evidence of the defendant striking the deputy such as injuries or witness testimony other than that of the deputy himself. Defense Counsel was also able to track down numerous witnesses who were present in the parking lot and could testify favorably for the Defendant. Lastly, Defense Counsel learned that another deputy was fired by the Sheriff for harassing another citizen a few weeks later while using our client’s name as a reference. This fact showed a possible trend of harassment in this particular area and for our client. Defense Counsel set the case for trial and subpoenaed the Sheriff himself to testify in favor of the Defendant’s case. On the day of trial, Defense Counsel convinced the prosecutor to resolve the case with only misdemeanor charges and NO JAIL TIME.   01/21/2010 09CXXM212XXXX NO CONVICTION AS CHARGED DUI, Possession of Marijuana, Open Container and Speeding The Defendant was seen driving a black Chevrolet Cavalier at 77 mph in a 50 mph zone. A Deputy stopped the vehicle and made contact with the Defendant. The Defendant was observed to have red watery eyes, slurred speech and odor of alcoholic beverage on his breath. The Deputy requested the Defendant perform field sobriety exercises, which he complied. On the walk and turn test, the Defendant could not keep his balance while listening to instructions, started the test before told to do so, did not touch heel to toe 3 times, lost his balance during the turn and took an incorrect number of steps. On the One leg stand test, the Defendant swayed while balancing and used his arms for balance. During the follow the pen test the Defendant exhibited all 6 possible clues indicating impairment. The Defendant was placed under arrest for DUI. A search of the Defendant revealed 2 hand rolled cigarettes in his right front pocket. The green leafy substance contained in the cigarettes tested positive for marijuana. An open 750ml bottle of vodka was also found in the Defendant’s vehicle. The Defendant was charged with DUI, possession of marijuana, open container and speeding. Results: The DUI charge was dropped along with the open container and speeding citations. A negotiated plea was reached regarding the marijuana charge which required the Defendant to only have to pay the court costs.   01/20/2010 09-1XX61MXX10A NO CONVICTION AS CHARGED Refusal to Sign Summons The Defendant was at Fort Lauderdale International Airport and was parked in front of the terminal. Officers approached the Defendant and asked him to move his vehicle to another area. The Officer then issued the Defendant a parking ticket, which the Defendant allegedly refused to sign. The Defendant was also accused of throwing the unsigned parking ticket out of the car window and was charged with littering. The firm was able to produce the original citation that reflected the Defendant’s signature on the citation. All charges were dropped by the State.   01/14/2010 09-9XXX2MXXM10A NO CONVICTION AS CHARGED DUI (2nd Offense) This is a second offense for DUI. The Defendant was seen by a Broward County Sheriff’s Deputy drifting in and out of his lane on no less than 5 occasions and then straddling the lane markers with his vehicle. The Deputy then saw the Defendant swerve into the right lane almost crashing into a silver Lexus. The Deputy conducted a traffic stop and noticed the defendant had the odor of an alcoholic beverage; bloodshot glassy eyes and was belligerent. A DUI investigator arrived on scene and made the same observations as the stopping deputy and even noticed the Defendant’s speech was slurred and mumbled. The DUI investigator administered roadside exercises and the Defendant was unable to do them. The exercises were video recorded and the Defendant looked impaired by alcohol. The Defendant was arrested for DUI and refused the breath test. The Firm filed a Motion to suppress the roadside sobriety exercises based upon the fact the DUI investigator coerced the Defendant to do them even though they are voluntary under Florida Law. The Motion was granted by the judge; the videotape and all testimony concerning the exercises was excluded. The State Dropped all charges.   01/12/2010 09MXXX001XX314 NO CONVICTION AS CHARGED Possession of Marijuana< 20 grams An officer of the Port St. Lucie Police Department made a traffic stop on our client, who was present in his car with his girlfriend and baby. The officer began to immediately question our client about his prior use of drugs and eventually received consent to search his car. The officer located the remains of a marijuana joint in the driver’s side door panel behind some paperwork. Our client adamantly denied knowledge of the substance in his car; however, he admitted on camera that he last smoked marijuana the proceeding week. Our client was arrested and faced serious consequences to his professional career as a computer engineer for a well known company. Defense counsel demanded a jury trial. The evidence, as presented by Defense Counsel, brought to light that our client’s brother was known to borrow the car and would occasionally smoke marijuana inside it. Furthermore, the evidence showed the officer failed to take necessary steps that could have proved knowledge, including testing the joint for DNA or finger prints. Lastly, the evidence suggested the officer may have used racial profiling which biased his ultimate decision in making the arrest. At the conclusion of trial, the jury deliberated for approximately ten minutes before returning a verdict of NOT GUILTY.   01/04/2010 200XXT0XXX427AXX NO CONVICTION AS CHARGED Refusal to Submit to Testing The Defendant was driving his car when he rear ended another vehicle. The victim\'s friend arrived who said the defendant was stumbling about in front of his vehicle. Both cars were totalled. The Defendant was helped into his car by the victim\'s friend while they were waiting for the medics and police to arrive. The witness saw four or five brown pill bottles spread all over the passenger seat and floor. The Defendant was asleep when the officer arrived and had to be woken up. The officer questioned the Defendant about whether he took any medications when the Defendant responded that he was under the care of a pain management doctor and takes oxycodone and roxycodone. The Firm filed a motion to suppress these statements which was granted because of a 5th amendment violation. The Defendant was slurring his speech and was requested to perform roadside exercises. The officer believed that he performed poorly on the exercises and arrested him for Driving Under the Influence of Controlled Substances. The Defendant was taken to the Breath Alcohol Testing Facility where he gave a breath sample. The results were .000 and .000. The officer then requested a urine sample to which the Defendant agreed on video. The officer then sat in the holding cell with defendant where he was unable to urinate. He was given several cups of water but could give a sample. He was eventually additionally charged with Refusal to Submit to the Physical Urine Testing along with the DUI. The Firm successfully convinced the State Attorney\'s Office that they could not prove the Driving Under the Influence charge and it was dropped. Subsequently, the Firm filed a C4 sworn motion to dismiss the refusal charge arguing that the State Attorney\'s Office could not prove that as well because the Defendant in fact agreed to the urine. Additionallhe State could not exclude the reasonable hypothesis of innocence in that the Defendant was medically unable to give a urine. On the D of the trial, the State dropped all of the charges.   12/30/2009 09-13XX53XXCF10A NO CONVICTION AS CHARGED Felony DUI The defendant was charged with Felony Driving under the Influence based upon the fact he had acquired two previous DUI convictions, one of which was within 10 years of this felony offense. In this felony case, an officer of the Hallandale Police Department failing to maintain his lane and driving erratically on Hallandale Beach Boulevard and almost hit the center median. The Officer stopped the Defendant’s vehicle. The Officer made contact with the Defendant and noticed him to have the strong odor of an alcoholic beverage; slurred speech; flushed face; glassy and bloodshot eyes and was unsteady on his feet. The Defendant was asked to perform roadside sobriety exercises and refused to do them. The Defendant also refused the breath test. The Firm filed a Motion to Dismiss these felony charges, which was punishable by up to 5 years in prison based on the fact that State used an invalid uncounseled prior conviction to raise this charge to felony status. The Motion was granted and all felony DUI charges were dismissed.   12/29/2009 08-01XX85XXXM10A NO CONVICTION AS CHARGED DUI On August 3, 2008, the Defendant was seen pulling into a commercial warehouse area by an Officer of the Davie Police Department who was patrolling that area. The Officer witnessed the Defendant’s vehicle pull into a parking spot and shut its lights off. The Officer pulled her marked patrol vehicle and parked it behind the Defendant’s vehicle preventing it from moving. The officer approached the vehicle and noticed the Defendant appeared to have her head lying upon the steering wheel of her vehicle. The defendant was asked to exit her vehicle and the officer noticed an odor of an alcoholic beverage coming from the Defendant; red and watery eyes, and was unsteady on her feet. The Defendant also admitted that “she pulled off the road because she had too much to drink”. The Defendant was asked to perform roadside exercises and performed poorly. The Defendant was arrested for DUI and submitted to a breath test that resulted in readings of .127/.129 g/210L, approximately 50% over the legal limit of .08. The firm filed a Motion to Suppress based upon the unlawful seizure of the Defendant initiated by the Officer “blocking in” the Defendant’s vehicle with her patrol unit. The motion was granted and the State dropped all charges.   12/21/2009 200XXT0XXX646AXX NO CONVICTION AS CHARGED Driving on a Suspended License The defendant was stopped by a Palm Beach County Sheriff’s Office Deputy on October 1st, 2009. The Defendant’s license was suspended due to a DUI. The Officer issued the Defendant two citations. One was for not wearing his seatbelt and the other was for Driving on A Suspended License with Knowledge. The State of Florida offered the Defendant 45 days in the Palm Beach County Jail if he wished to plead guilty. The firm investigated whether the stop was lawful under the 4th Amendment and concluded it was not. The State of Florida agreed and the Prosecutor dismissed all the charges.   12/18/2009 CT-00XX839XXXX NO CONVICTION AS CHARGED DUI The Defendant was observed by an off duty police sergeant sitting at a red light. When the light cycled to green, the Defendant’s vehicle did not move. The Sergeant checked on the Defendant and observed that he appeared to be asleep at the wheel of his car. The vehicle was in gear and running. The Sergeant was able to turn the car off and place it in park. He could smell the odor of an alcoholic beverage on the Defendant’s breath. The Defendant did not awaken during the removal of the keys and the light cycled about 8 times during this interaction. A DUI investigator was called to the scene. When the DUI investigator arrived at the scene, he noticed that the Defendant’s vehicle was beyond the stop bar and 3 feet into the pedestrian crossing line. The Defendant was still asleep. The investigator was able to awaken the Defendant. The officer noted a moderate odor of alcohol on the Defendant’s breath, his speech was slurred and his eyes were bloodshot and watery. The Defendant’s movements were slow and deliberate as he spoke to the investigator. The Defendant agreed to perform field sobriety exercises. The Defendant could not follow the stimulus on the HGN/follow the light test. On the Walk and turn test, the Defendant started prior to being instructed, stopped walking during the exercise to balance himself, did not touch heel to toe and forgot what to do after the first series of steps. On the One Leg Stand test, the Defendant swayed, put down his foot, switched legs during the test and lost count. On the ABC test, the Defendant slurred so badly that the Officer could not understand to evaluate his recitation of the alphabet. On the counting test, the Defendant improperly recited 100 to 75 backwards, by missing 76 and continued to count all the way to 62 until he was told to stop by the Officer. The Defendant submitted to a breath test, which gave the results .066 and .063. After the firm raised issues with prosecutor regarding a urine test, the State dismissed all charges against the Defendant.   12/18/2009 09-015XXX2XX10A NO CONVICTION AS CHARGED DUI The Defendant was stopped by DUI Task Force Member of the Pembroke Pines Police Department for weaving within his lane and speeding 63/45. Upon making contact with the Defendant, the Officer noticed the Defendant to have the odor of an alcoholic beverage coming from his breath and his eyes were bloodshot and watery and he swayed while standing unassisted. He also admitted to consuming alcohol. The Defendant then was asked to perform roadside sobriety exercises and did so poorly. The Defendant was arrested and submitted to the breath test that resulted in a reading of .114/.115 g/210L, well over the legal limit of .08. The firm obtained a videotape depicting the entire episode between the Officer and the Defendant that depicted the Officer conducting an illegal roadside exercise relevant to DUI while the Defendant was still seated in his vehicle. This illegal exercise was the sole basis that allowed the Officer to ask the defendant out of his car for further roadside investigation, which led to his arrest for DUI. The firm filed a Motion to Suppress for Unlawful Detention based upon the Officer’s illegal conduct, which was summarily granted by the Judge. All charges were dropped by the State.   12/11/2009 09-2XX09XXXMM10A NO CONVICTION AS CHARGED Contributing to the Delinquency of a Minor Two weeks prior to September 13, 2009, the defendant’s step daughter ran away from home. On September 13, 2009, the child was found by officers of the Sunrise Police Department trespassing in an abandoned home. The child has an extensive juvenile criminal history as well as a history of running away from home. The child was taken to the Sunrise Police Department and the Defendant and his wife were contacted to pick-up the child, which they did. Upon arrival at the Police Department, the child refused to leave with the Defendant and his wife, the child’s biological mother. The Defendant and his wife were advised by Sunrise Police that they would be arrested if they left the premises. The Defendant and his wife left the premises and told police to call the child’s father, which they did. The Defendant’s exited the police department parking lot in their car and were arrested for Contributing to the Delinquency of a Minor. All charges were dropped.   12/03/2009 09XXXXMXXX2508 NO CONVICTION AS CHARGED Domestic Battery Officers of the Port St. Lucie Police Department were dispatched to a bar in reference to a possible fight. Upon scene, two witnesses told the officers the Defendant punched his sister and forcefully pulled her from his car in the parking lot. The defendant was immediately arrested. The Prosecutor offered the Defendant 45 days in jail. After the Defendant hired the Ticket Clinic to represent him, Defense Counsel aggressively began investigating the alleged facts. Defense Counsel learned the witnesses were bias against the Defendant from a previous altercation. This bias may have caused the witnesses to exaggerate or be dishonest about the facts. Additionally, Defense Counsel learned the alleged victim denied being touched by the Defendant. Defense Counsel immediately filed legal documents which, if granted, would allow Defense Counsel to extensively question the bias witnesses prior to trial. The witnesses became uncooperative with the prosecution against the Defendant. The Assistant State Attorney dropped all charges against the Defendant.   12/03/2009 09-02XX11XXM10A NO CONVICTION AS CHARGED DUI The Defendant was stopped for Failure to Maintain a Single Lane by a member of the Pembroke Pines DUI Task Force. Upon making contact with the Defendant, the Officer noticed the odor of an alcoholic beverage upon the Defendant’s Breath; bloodshot and watery eyes among other obvious indicators of alcohol impairment. The Defendant was asked to perform roadside sobriety exercises and did not perform well. The Defendant was arrested for DUI and submitted to the breath test which registered .045/.041 g/210L. After the firm’s investigation into this case and relaying findings to the State of Florida, no DUI charges were filed.   12/02/2009 CXXXC00102XXXX NO CONVICTION AS CHARGED DUI The Defendant was first seen traveling in the inside lane. The officer alleged that he paced the Defendant traveling 20-25 mph in a 45 mph zone. The officer also alleged the Defendant’s vehicle was weaving within his lane and on several occasions, straddled the center white line. The Officer made a stop for suspicion of DUI. The officer, upon making contact with the Defendant, noticed an odor of an alcoholic beverage on his breath. He also noticed that the Defendant’s eyes were bloodshot and glassy. The officer requested the Defendant perform several field sobriety exercises to which he complied. On the walk and turn test, the Defendant exhibited 4 of the 8 possible indicators of impairment. The Defendant failed to maintain his balance, did not touch heel to toe, stepped off the line and used his arms for balance. On the one leg stand test, the Defendant exhibited 2 of the 4 possible indicators of impairment. The Defendant swayed while balancing and used his arms for balance. The Defendant was placed under arrest for DUI. After being read his Miranda rights, the Defendant admitted to consuming alcoholic beverages and feeling the effects of those drinks. The Defendant then provided a breath sample of .140 and .136. Result: The firm filed a motion to suppress evidence in the case and the DUI charge was dropped by the State before the motion could be heard by the Judge.   11/23/2009 09CXXXT00XXX836 NO CONVICTION AS CHARGED DUI (2nd) A Sergeant with the Martin County Sheriff’s Office observed the Defendant while driving a vehicle make a wide right turn and travel on the wrong side of the road for approximately 50 ft. The Sergeant then noticed the Defendant stop for a red light 20 ft. prior to the intersection. After making a traffic stop, the Sergeant smelled a strong odor of an alcoholic beverage coming from the Defendant. An officer specializing in DUI was called to the scene. In addition to smelling an odor of alcohol, the DUI officer also noticed the Defendant had blood shot, watery eyes and slurred speech. Additionally, the Defendant continued searching for his registration after he had already given provided it. The Defendant performed the field sobriety tasks poorly to where the officer indicated in his report that it was “obvious” the Defendant was impaired. After being arrested, the Defendant refused to provide a breath sample. Defense counsel reviewed the evidence and advised the Defendant to fight the DUI charge by taking it to trial. On the day of trial, moments before the jury was to be selected, the Assistant State Attorney dropped the DUI charge.   11/23/2009 09XXCT2XXX961 NO CONVICTION AS CHARGED Count 1: Battery by Strangulation. Count 2: False Imprisonment The St. Lucie County Sheriff’s Office received a complaint about a domestic disturbance. Upon arrival, deputies met with the Defendant and his wife and began an investigation. The deputies determined the couple was arguing about changing their baby’s diaper. According to the deputies, the Defendant grabbed his wife by the throat and squeezed until she could not breathe. Additionally, the deputies believed the Defendant would not allow his wife to leave their apartment. The Defendant was arrested and charged with a felony. After meeting with the Defendant, Defense Counsel recognized the evidence was weak and seemed to suggest the wife may have been the primary aggressor as she grabbed a knife at one point. Additionally it appeared the wife did not support the deputies’ charges. Defense Counsel immediately filed legal documents attempting to persuade the State Attorney’s Office not to file formal charges. The State Attorney Office agreed with Defense Counsel and dismissed all charges against the Defendant.   11/04/2009 09-1XX156XXF10A NO CONVICTION AS CHARGED Aggravated Fleeing and Eluding The Defendant is a 46 year old male who suffers from Parkinson’s Disease. The Defendant’s symptoms in the form of shaking, stammering of his speech and a head tilt that are readily visible. The Defendant was traveling on Southeast 12th Avenue in Deerfield Beach. An accident unrelated to the Defendant was down the road and was being investigated by BSO and was being filmed for a television show “Police Women of Broward County”. As the Defendant was slowly driving due to traffic from the accident up ahead, a female officer being filmed for the television show came from nowhere, pounded on the Defendant’s window and ordered him to pull over immediately. The Defendant drove 20-30 feet and pulled over on his own. The female officer made contact with the Defendant and noticed the odor of an alcoholic beverage from a beer he had just opened by the Defendant before being stopped; bloodshot eyes, “slurred speech”, among other indicators of impairment. A DUI investigator was called to the scene and asked the Defendant to perform roadside exercises and he did so poorly> The defendant was then arrested for DUI and for Felony Fleeing and Eluding for failing to Stop immediately at the request of the female officer. After an investigation by the firm, it was established that the female officer exaggerated her behavior for purposes of her appearance on television and that the defendant’s performance during roadside exercises was caused by his Parkinson’s Disease. We were also able to prove that the only alcohol consumed was one sip of the beer he had just opened. All Criminal charges were dropped by the State.   10/30/2009 2009CM17XXXXXX NO CONVICTION AS CHARGED DUI and Underage Possession of Alcohol, and Possession of Drug Paraphernalia The Defendant was seen traveling at a high rate of speed on Bloomingdale Ave. Defendant’s speed was clocked at 60 mph in a 45 mph zone. The Defendant was also seen making several unsafe lane changes, causing other traffic to react by braking or swerving to avoid the Defendant. The Defendant was stopped for suspicion of DUI. Upon making contact with the Defendant, the Deputy noted a strong odor of alcohol, watery/bloodshot eyes and slurred speech. The Defendant told the Deputy he was under 21 years old and he had a beer at a friend’s house. The Defendant was asked to step out of the vehicle and he was very unsteady on his feet and had to lean on the vehicle to support himself. The Defendant again told the Deputy he had a beer at friend’s house and he also had smoked some marijuana yesterday. The Defendant admitted to having a Natural Light beer can in his car. When asked if there was anything else in the car the Deputy should know about, the Defendant stated he had a leaf grinder and a pipe under his driver’s seat. The Defendant admitted to feeling the effects of the alcohol and the marijuana he had smoked the day before. The Defendant was asked to perform field sobriety exercises, which he agreed. On the follow the pen test, he scored all 6 possible clues of impairment. On the walk and turn test, the Defendant could not keep his balance while listening to instructions, had to stop to steady himself while walking, did not touch heel to toe 5 times, stepped off the line 4 times, lost his balance during the turn and used his arms for balance. On the One leg stand test, the Defendant swayed while trying to balance. On the alphabet test, the Defendant swayed and could not keep his eyes closed. The Defendant was then placed under arrest. A search of the car revealed a pipe and leaf grinder where the Defendant had admitted they were. Also an unopened 12 oz. Natural Light Beer was found. The Defendant was charged with DUI, underage possession of alcohol, and possession of drug paraphernalia. The Defendant provided a breath sample of .120 and .125. Result: The DUI and underage possession of alcohol charges were dropped by the State Attorney’s Office.   10/29/2009 48-20XXX-CXT-1XX41 NO CONVICTION AS CHARGED DUI The defendant was involved in a 3 car accident. The Officer arrived and stated he witnessed client exiting vehicle. He smelled the odor of alcohol when speaking with the defendant and noticed he was swaying as well. He proceeded with a DUI investigation in which the defendant failed the field sobriety exercises and blew a .142. We filed a motion to suppress because the officer could not testify that the defendant was driving at the time of the accident. The State dismissed the case.   10/28/2009 CT00217XXXXXX NO CONVICTION AS CHARGED DUI The Defendant was seen traveling at a high rate of speed. The Deputy activated his radar and locked in a speed of 63 in a 45 mph zone. The Defendant was also seen drifting across traffic lane lines. As the Defendant came to the intersection of Providence Rd and Providence Lake Blvd, his vehicle ran the red light. At this point the Deputy activated his emergency equipment and initiated a stop of the Defendant. The vehicle was slow to respond to the activated lights on the deputy’s car, but after pulling over the Deputy made contact with the Defendant. The Defendant was slow and fumbled with is paperwork, at one point dropping his license out the driver’s door window. The Defendant had slurred speech, odor of alcohol on his breath and bloodshot eyes. The Defendant was read his Miranda rights and then interviewed. The Defendant admitted to being out with friends at a couple of bars. The Defendant then told the Deputy that he would not have driven if not for his friends needing a ride. When asked how impaired he felt on a scale of 1-10 with 10 being the most impaired he has ever been, the Defendant answered between 4-5. The Defendant then stated he knew he should not be driving because of the effects of alcohol he felt. The Deputy then asked the Defendant to perform field sobriety exercises, which he agreed. The exercises showed multiple clues of impairment and the Defendant was placed under arrest for DUI. The Defendant submitted to a breath test after being read the Implied Consent law and the results were .174 and .175. The Defendant was also given tickets for speeding, failing to maintain a single lane and running a red light. Result: State dropped the DUI, failure to maintain single lane and red light charges.   10/28/2009 09-16XX06XXXM10A NO CONVICTION AS CHARGED Possession of Cannabis Officers from the Coconut Creek Police Department observed the Defendant’s vehicle “suspiciously parked” at a Nature Center. The Officers then saw the Defendant run to his vehicle and start it. The Officer drove up to the vehicle and ordered the Defendant to shut the vehicle off, despite not having seen the Defendant do anything. The Defendant admitted to smoking marijuana and the officer found the substance on the back seat of the car. The firm filed a Motion to Suppress the Unlawful Seizure based on the officer ordering the Defendant to shut off the vehicle without suspicion that the defendant was involved in criminal activity. The State conceded the Motion and all charges were dropped by the State.   10/23/2009 200XXXT0XXX09AXX NO CONVICTION AS CHARGED DUI The Defendant was driving and weaving all over the road without it’s activated headlights at approximately 4:00 a.m. Additionally, she almost collided with a curb and would not stop immediately when the officer had the overhead lights illuminated. An officer who witnessed the driving pattern stopped the defendant’s vehicle. The defendant stopped in the middle of the road. The officer who stopped the defendant noticed that she had an odor of alcohol coming from her breath and glassy eyes. The DUI officer then noticed that she had bloodshot, watery eyes. She admitted to having a couple of small drinks. She admitted that they were “Sex on the Beach” and then changed her story to only having one that was approximately 4 inches big. The Defendant refused to perform roadside exercises when requested and when she was asked she said “I am a good person.” The Defendant was arrested and transported to the Breath Alcohol Testing Facility where she refused a requested Breath Test. On the day before trial, the State of Florida dropped the DUI.   10/23/2009 200XXT0XXX427AXX NO CONVICTION AS CHARGED Third DUI The defendant was charged with his third offense of driving under the influence. The Defendant was driving on State Road 804 when he crashed into the back of a stationary vehicle at a red light. The impact of the crash totaled the defendant’s vehicle. The defendant was asleep at the wheel when medics arrived. He was tended to and then again fell asleep when the officers had arrived. The arresting officer spent over a minute trying to wake him up. An independent witness saw the defendant’s vehicle recklessly driving down the road and smashing into the other vehicle. The defendant’s speech was slurred and thick and his pupils were pin-point. After waking him up, the defendant stated that he was under the care of a pain management doctor and takes prescription medication. Additionally, prior to conducting roadside exercises he stated (on video) that he had taken roxycodone and oxycodone that day. He performed poorly on the roadside exercises and was arrested for Driving Under the Influence. At the Breath Alcohol Testing Facility, he gave a breath sample of .000 two times. He then was asked to submit to a urine sample. After 45 minutes, he could not give a sample of his urine and the officer took the inability to provide the sample as a refusal. The Firm filed numerous motions including a motion to exclude all of the defendant’s statements based upon the accident report privilege along with motions to suppress based on a lack of probable cause. After the orders were signed by the judge, the State decided to drop the DUI.   10/19/2009 2009-CT-1X04XXXX NO CONVICTION AS CHARGED DUI The Defendant was seen traveling north and continuously drifting on and off of the left lane markers at least 3 times. The Defendant was then observed following another vehicle in front of it too closely, leaving less than a car length in distance between them. The vehicle was stopped and contact was made with the Defendant by the Officer. The officer noted the Defendant had the odor of an alcoholic beverage on her breath, and her eyes were bloodshot and glassy. The Defendant agreed to perform field sobriety exercises. Prior to administering the exercises, the Defendant told the officer she suffered from depression and anxiety problems. During the field sobriety exercises, the Defendant exhibited multiple indicators of impairment. On the walk and turn test, she failed to maintain her balance, started prior to instructions being completed, stopped walking to steady herself, did not touch heel to toe, improperly performed the turn and used her arms for balance. On the One Leg Stand test, she swayed while trying to balance. On the finger to nose test, she failed to touch her nose with index finger. After the completion of the field sobrety exercises, the Defendant was placed under arrest. She was taken to Central Breath Testing and agreed to provide a breath sample. The results of her breath test were .121 and .103. The firm filed a motion to suppress evidence in the case and set the case for trial. After reviewing the firm’s motion, the State dropped the DUI charge on the morning the motion and trial were set to be heard.   10/16/2009 09-49XX1CXXF10A NO CONVICTION AS CHARGED Felony Fleeing and Eluding An officer from the Hallandale Police Department observed the Defendant make a wide right turn and cause a traffic crash. The Defendant left the scene of that crash and continued to drive. The Officer followed the Defendant in an effort to initiate a traffic stop. The Officer put on his emergency lights and siren and the defendant pulled his vehicle over to the curb. The officer was about to exit his fully marked vehicle when the defendant began to drive again. The Defendant then pulled over again approximately 50-100 feet later. Upon making, contact with the Defendant, Officers noticed the odor of an alcoholic beverage, bloodshot eyes and unsteadiness and slurred and accented speech. The defendant performed roadside sobriety exercises and did so poorly. The Defendant submitted to the breath test which registered .226/.225.g /210L. After the firm took the deposition of the stopping officer, it was able to demonstrate to the State Attorney that the Defendant did not commit the crime of Felony Fleeing and Eluding. All felony charges were dropped by the State.   10/15/2009 08-209XXXM10A NO CONVICTION AS CHARGED DUI The Defendant was traveling South on SR7 in the City of Hollywood and was clearly at fault in a rear-end collision that caused over $10,000.00 in damage. Upon making contact with the Defendant, law enforcement officers noticed the Defendant to have the odor of an alcoholic beverage, his eyes were red and watery, his speech was extremely slurred and he was extremely unsteady on his feet. The DUI investigator arrived on scene, made identical observations of the Defendant and administered roadside sobriety exercises. The exercises had to be stopped as the defendant became so unsteady he was on the verge of falling to the ground. The Defendant was arrested and submitted to the breath test, which resulted in a reading of .219/.225 g/210L. After the firm’s investigation into the background of the officers involved, all charges were dismissed by the State.   10/05/2009 09CTXX954XX9AXX NO CONVICTION AS CHARGED DUI The defendant was driving north on Jog Road when he made a right turn heading east on Forest Hill Blvd. The officer from Greenacres Police stated that the defendant was driving to the left side of his lane for over 200 feet and not maintaining a single lane. Additionally, the officer testified that he had been following him because of his suspicious driving pattern. The officer pulled the defendant over for his driving pattern and smelled an odor of alcohol coming from the defendant, bloodshot and glassy eyes as well as slurred speech. The defendant was asked to step out of the car to perform roadside sobriety tasks which were all captured on video. The defendant performed poorly on the tasks and was arrested for Driving Under the Influence of Alcohol. He was taken to the Breath Facility where he was asked to submit to a breath test. The Defendant refused to submit after being read implied consent. The Firm filed a motion to suppress the defendant’s identification all evidence that flowed from the stop due to the fact that the officer did not have reasonable suspicion of DUI based upon the videotaped driving pattern. The court heard testimony from the officer, watched the video and then agreed with the Firm and granted the motion. The State dismissed the DUI.   10/01/2009 2009-CXXT014XXXXX NO CONVICTION AS CHARGED DUI The Defendant was seen by a Deputy accelerating away from a red light as it cycled to green at a high rate of speed. The speed was estimated at 65 mph in a 45 mph zone. The Deputy activated his radar unit which confirmed the Defendant’s speed at 65 mph. While traveling behind the vehicle the Deputy observed it to weave over the left land marker with its left side tires. The vehicle then weaved across the lane so that the right side tires had gone across the right lane marker. The vehicle then traveled back across the lane with the left side tires again crossing the left lane marker. The Deputy then activated his emergency lights and the vehicle made no reaction. The Deputy, after traveling about 500 yards, then activated his siren to get the vehicle’s attention. The vehicle then came to a stop. When the Deputy made contact with the Defendant, he noticed an odor of an alcoholic beverage on his breath and red-watery eyes. The Deputy asked the Defendant to exit the vehicle and then noticed he had a sway about his person stumbling when he exited. The Deputy requested the Defendant to perform field sobriety exercises, which he agreed. On the Walk and Turn test, the Defendant could not keep his balance while listening to instructions, did not touch heel to toe 10 times, stepped off the line 6 times, used his arms for balance and lost his balance during the turn. On the One Leg Stand exercise, the Defendant swayed while trying to balance, used his arms for balance, and put his foot down 4 times. The Defendant was placed under arrest for DUI and also issued a speeding ticket. The Defendant provided breath samples of .089 and .090 BAC. After the breath test, the Defendant became upset and continuously stated “This is bullshXX” whenever asked any questions. Results: The case was set for trial by the firm. Before the trial date, the State dropped the DUI charge.   09/23/2009 09-2XXX29XXM10A NO CONVICTION AS CHARGED DUI The Defendant was seen leaving a nightclub located on Broward Boulevard. The Defendant made an improper left turn onto Broward Boulevard and began to drive westbound in the eastbound lanes of travel. The Defendant was then stopped by an Officer from the Fort Lauderdale Police Department. Upon making contact with the Defendant, the officer noticed the strong odor of an alcoholic beverage, flushed face, bloodshot, glassy eyes and that the defendant was unsteady on his feet upon exiting his vehicle. A BSO DUI Task Force Officer was called to the scene for purposes of a DUI investigation. The DUI Investigator made identical physical observations of the Defendant and administered roadside sobriety exercises. The Defendant performed poorly on the roadside sobriety exercises which were captured on video. The Defendant submitted to the breath test that resulted in readings of .127/.125 g/210L, 50% over the legal limit of .08. The firm argued that the Defendant was not impaired at the time he was driving based on his appearance as was seen on the video and also argued that his driving was due to his unfamiliarity with the area. The Defendant was found not guilty by a jury after only 10 minutes of deliberations and the Court found him not guilty of all infractions of driving the wrong way and improper left turn..   09/15/2009 CX09X-1X06XXXX NO CONVICTION AS CHARGED DUI An Officer was traveling southbound where the posted speed limit was 45mph. The vehicle in the lane to the left of the officer accelerated at a high rate of speed. The officer estimated the vehicle’s speed to be approximately 75 mph. The vehicle then slammed on the brakes to avoid hitting the car in front of it. The officer at this point conducted a traffic stop on the vehicle for speeding and following too closely. Upon approaching the driver of the vehicle, the officer immediately smelled the odor of alcohol on his breath. He also had glassy bloodshot eyes. When the Defendant was asked out of the vehicle, he swayed while standing. The Defendant was asked to perform field sobriety exercises, which he complied. He did not step heel to toe, stepped off the line and had to use his arms for balance on the walk and turn exercise. On the one leg stand, the Defendant swayed, used his arms for balance and had to put his foot down before the 30 second period was completed. The Defendant also had a considerable sway while performing the Alphabet and counting tests. The Defendant refused to provide a breath sample when requested by the officer. Result: The Firm was able to convince the State Attorney’s Office, based on lack of evidence, to drop the DUI charge.   09/14/2009 09XXXT0XXX02730 NO CONVICTION AS CHARGED Expired DL over 4 months A Trooper from the Florida Highway Patrol initiated a traffic stop on a vehicle occupied by two Hispanic males who spoke little English. The Trooper instructed both individuals to exit the car and to provide their driver’s licenses. The Defendant was cited for speeding and arrested for driving with an expired driver’s license over 4 months. After a lengthy consultation, Spanish speaking Defense Counsel was able to ascertain the Defendant was actually seated in the passenger seat and in fact had a valid driver’s license. The Trooper apparently confused the identities of the two Hispanic males and arrested the Defendant in error. Defense Counsel brought this information to the Assistant State Attorney. The citation and criminal charge were immediately dropped.   09/10/2009 200XXXT02XX673AXX NO CONVICTION AS CHARGED DUI A Palm Beach County Sheriff’s deputy heard a BOLO in reference to a possible impaired driver. Other Palm Beach Sheriff Officers were following the vehicle. The officer found the vehicle and observed it weaving noticeably within it’s lane and appeared to be straddling the passengers side white lines while traveling 10 miles under the speed limit. The vehicle then sat for several seconds when a light turned green instead of starting its travel. The vehicle then continued to weave noticeably in the lane and crossed over the line once or twice by a few inches. The defendant then turned on the turn signal and went to turn into an area that was a curb and then corrected itself back onto the street. The Officer then initiated a traffic stop on the vehicle. The defendant’s eyes were glassy and bloodshot and there was an obvious odor of an unknown alcoholic beverage coming from the vehicle. The driver swayed noticeably when he was standing outside the car. He stated that he drank 2 coronas and performed poorly on the roadside exercises. He was arrested and taken to the Breath Alcohol Testing Facility where he was asked to submit to a sample of his breath where he blew a .081 and .092. The Firm filed numerous motions to suppress including a motion to suppress arguing that the defendant was stopped without a reasonable suspicion of criminal activity. The driving pattern was captured on video. The State received the motion and dropped the DUI charge.   09/08/2009 08XXXCTXXX4057 NO CONVICTION AS CHARGED DUI A Port St. Lucie Police Officer observed the Defendant’s vehicle drifting, straddling and weaving on the roadway. Upon initiating a traffic stop, a DUI enforcement officer was called to the scene to investigate. The DUI enforcement officer noticed a strong odor of an alcoholic beverage emanating from the Defendant’s mouth. When the officer asked the Defendant to exit the vehicle, the Defendant needed to use his vehicle to steady himself. The Defendant admitted to drinking alcohol, however, he could not remember the bar in which he was coming from. The Defendant performed poorly on the field sobriety tasks and provided a breath reading of .102. Defense counsel attended the Department of Motor Vehicle Formal Hearing attempting to retain the Defendant’s driving privileges. At the hearing, Defense Counsel recognized conflicting testimony between the officer who initiated the traffic stop and the DUI enforcement officer. Defense Counsel immediately prepared legal documents challenging the evidence based on the strikingly different testimony of the two officers. After two extensive legal hearings in front a judge, the State agreed to drop the DUI charge.   09/08/2009 09XXXT0XX0109 NO CONVICTION AS CHARGED DUI A Port St. Lucie Police Officer observed the Defendant’s vehicle following dangerously close behind another vehicle. The Defendant’s vehicle abruptly changed lanes and struck the curb. After initiating a traffic stop, the officer made contact with the Defendant and noticed a strong odor of an alcoholic beverage emanating from her mouth. The Defendant’s clothing was described as disorderly and her speech slurred. The Defendant admitted to driving from a strip club where she had “a couple shots.” Upon being requested to exit the vehicle, the Defendant used her vehicle for support. The Defendant performed extremely poorly on the field sobriety tasks appearing confused and performing the tasks together instead of separately as instructed. The Defendant provided breath samples of .164/.172. Defense Counsel demanded to see a copy of the officer’s dash board camera. On the video but off the view of the camera, Defense Counsel overheard the arresting officer telling another officer that he did not smell any alcohol on the Defendant’s breath, despite writing in his sworn report that he did. Defense Counsel also overheard the arresting officer making inappropriate comments about the Defendant being a stripper. Defense Counsel immediately filed a legal motion pointing out the officer committed perjury. Furthermore, Defense Counsel included a track record of the arresting officer making apparent false statements from other cases he has represented. After the Assistant State Attorney received Defense Counsel’s legal motion, the State of Florida immediately dropped the DUI charge   09/01/2009 200X-CXXT-5XX09 NO CONVICTION AS CHARGED DUI The defendant was approached by an officer after he exited a bar and was walking to his car. The officer told him that he saw him drive around a \"road closed\" sign and park in a no parking zone. The defendant responded that he forgot his credit card in the bar and had to get it. The officer made observations consistent with impairement and decided to begin a DUI investigation. The defendant refused to perform field sobriety exercises and refused to give a breath sample. He was arrested. Half way throught the trial, we argued that there was little to no evidence that our client was driving the vehicle. The judge agreed and dismissed the case.   08/31/2009 09-888XXXM10A NO CONVICTION AS CHARGED Resisting Officer Without Violence The Defendant was working for Coca-Cola and filling his work truck with fuel at a service station in Hollywood, Florida. Simultaneously, a fight arose at the gas station that did not include and was unrelated to the Defendant. Hollywood Police Officers responded to address this fight. In their efforts to arrest the people involved in the fight, the Officers threw a female against the side of the defendant’s work truck The Defendant exited his truck and asked for the officers\' name and badge number to give to his employer to address the damage to the vehicle. The Defendant repeatedly requested the name and badge number of the Officers and was arrested for obstructing the arrest of the female participant in the fight for doing so. After the firm’s investigation of this case and proof that the Defendant did not obstruct the arrest, the State dropped all charges.   08/21/2009 09-CT-375XXXXX NO CONVICTION AS CHARGED DUI Deputy responded to a person down call. Upon arrival, the Deputy observed a vehicle stopped in the turn lane. The vehicle had a green light and did not turn. The brake lights were the only lights illuminated on the back of the car. The Deputy initiated his emergency lights and approached the vehicle. The Defendant was seen sleeping in the driver seat with his head down and seat belt on. The vehicle was running and the gear shift was in drive. The Deputy opened the door and the Defendant’s arm fell and he continued to sleep. The Deputy was finally able to wake the Defendant. The Deputy gave the Defendant multiple commands for him to put the car in drive, which he did not do. The Deputy then reached into the car and put it into park. The Deputy then turned the car off and put the keys on the top of the car. A DUI investigator was then called to the scene. When the DUI investigator arrived, she noted an odor of an alcoholic beverage on the Defendant’s breath. She also noted his eyes were bloodshot and glassy and his speech was slurred. The Defendant stated that he was tired from work, but had been out drinking. Defendant admitted to drinking 3 long island ice teas at a pool hall earlier in the evening. The Defendant performed field sobriety exercises which showed clues of impairment. On the walk and turn exercise, the Defendant was unable to maintain his balance in the start position, stumbled out of balance twice, stopped with each step to regain balance and missed touching his heel to toe. On the One Leg Stand exercise, he had to put his foot down multiple times. The Defendant was then arrested for DUI. He provided a breath sample which had a .128/.137 breath alcohol content. The case was set for trial and after extended discussions with the State Attorney’s Office, the firm was able to get the DUI charge dropped.   08/18/2009 08-2XXX4XX6MM10A NO CONVICTION AS CHARGED DUI The Defendant drove his vehicle behind closed businesses located in Plantation, Florida. Fearing for the safety of those businesses, Officer Santy of the Plantation Police Department followed the Defendant. Upon coming into contact with the Defendant, the Defendant was standing by the driver’s side of his vehicle changing his clothing. The Defendant had the odor of an alcoholic beverage, bloodshot eyes, slurred speech, and was acting with a sleepy and lethargic demeanor. The Defendant also appeared to be disoriented as to the time and his location and could not remember the name of the restaurant he was coming from. The Defendant was asked to do roadside sobriety exercises and performed poorly. The Defendant then submitted to the breath test, which registered .115/.109 g/210L on the intoxylizer. The State dropped all DUI charges   08/12/2009 200XXT04XX0480 NO CONVICTION AS CHARGED DUI The defendant was stopped for doing 32 mph in a 20 mph zone in downtown Jupiter. The officer noticed the defendant had bloodshot, glassy eyes and his speech sounded slurred. He also noticed a strong odor of an unknown alcoholic beverage coming from his breath as he spoke. The defendant stated he was coming from Jumby Bay Bar and that he drank 4 or 5 beers. The defendant was moved across the street, questioned and then submitted to field sobriety exercises. During the questioning, he spoke with a slur and the officer asked “do you normally talk with a slur?” The defendant stated “no I don’t.” During the walk and turn, the defendant was told to count to nine on the first steps and he counted “1,2,3” “1,2,3” “1,2,3”, instead of the way he was instructed. On the turn, the video showed the defendant take a stumble backwards almost falling back. During the one leg stand, the defendant counted to 15 one thousand and said “five one thousand”. The defendant was arrested and taken to the breath alcohol testing facility where he refused to give a breath sample when it was requested of him. When asked whether he was drinking he stated he was and that he was at a few different bars. When asked whether he could feel the effects of the alcohol and whether he was under the influence, the defendant paused and then stated: “not particularly”. The firm filed a motion to suppress his statements made to the officer when he moved for the roadsides arguing that he was in custody and was not read his Miranda warnings. The Judge agreed and would not allow the questions and answers into evidence for the trial. On the day of trial, the State of Florida dropped the DUI charge.   08/12/2009 09-4XX45XXXMM10A NO CONVICTION AS CHARGED DUI The Defendant was seen by a member of the Broward Sheriff’s Office DUI Task Force driving over the concrete median separating the eastbound from the westbound lanes of Broward Boulevard. Upon making contact with the Defendant, the Deputy detected the odor of an alcoholic beverage, glassy eyes and a flushed face. The Defendant admitted to taking Xanax and consuming one beer and a glass of wine. The Defendant performed poorly during roadside sobriety exercises and refused the breath test. The State dropped all DUI charges upon sitting for a jury trial on the matter.   08/10/2009 200XXXM0XXX441AXX NO CONVICTION AS CHARGED DUI The defendant was driving on Camino Real Boulevard when she flipped her vehicle and crashed into a tree on the median. Police Officers arrived from the Boca Raton Police Department and the defendant was bleeding from cuts on her legs. The defendant was alone in her vehicle. She told the police that a cat jumped out into the road and she swerved to miss the cat. She also stated several times to the medics that she had a glass of wine that evening. She refused to go to the hospital. When the officer spoke to the defendant, he noticed that he could smell a strong odor of alcohol coming from her person, her eyes were bloodshot and glassy, and her speech was slurred. Another officer noticed what appeared to be marijuana in plain view inside the vehicle. It did in fact test positive for marijuana. The defendant was arrested and taken to the Boca Raton Police Department. She was told at the station that the officer was now conducting a DUI investigation and asked the defendant to perform roadside tasks on video camera. The defendant refused the tasks even after being threatened that she would additionally be charged with DUI. Subsequently, the officer requested a sample of the defendant’s breath and the defendant refused as well. The Firm pointed out to the State that the officer did not contemplate the charge of DUI until after he had gotten back to the station and therefore, it didn’t seem as though he had probable cause for the charge. The State agreed and dropped the DUI charge as well as the Marijuana Charge.   08/07/2009 200XXT02XXX85AXX NO CONVICTION AS CHARGED DUI The defendant was driving on Hypoluxo Road east of Congress Avenue in Boynton Beach. The vehicle appeared to be traveling at a high rate of speed and was in fact traveling 58 mph in a 45 mph zone. The defendant was not wearing his seat belt. The defendant was stopped and the officer approached the vehicle. The officer smelled an obvious odor of an unknown alcoholic beverage coming from the defendant’s mouth. His eyes were glassed and he seemed dazed. He was fumbling around inside his vehicle looking for his paperwork. He produced an expired registration and then a current one. He said that he was coming from a friend’s where he had half a beer and then threw it up. He then said that he does not drink much and should have been wearing his seat belt. He seemed disoriented and told the officer that he takes Abilify, Lexipro and other cholesterol pills. During the walk and turn, he started too soon, pointed his toe in the air and said he “would count like he was in the military”. When he started, he almost fell down and at the ninth step he forgot what to do. He then did an “about face” instead of turning properly and stood there having to be reminded what to do. During the one leg stand, he placed his leg up as if he were placing it on an object and did not look down at his leg. He got to the 10 count and asked “how’s it go now?” During the finger to nose, he proceeded through the cycles with his arms and hands 14 times without being asked to do anything and swayed during the entire task. The defendant was arrested and gave a breath sample of .021 and .021. The officer then requested a urine which turned showed results of Abilify, Lexapro and Cholesterol medications. The Firm contacted the Palm Beach County Sheriff’s Department Crime Lab to discuss the substances that were allegedly in the defendant’s system. After speaking to the toxicologist, the defense drafted a letter to the case filing division advising them that the substances found in the defendant’s system are not “controlled” under Florida Law and therefore the breath reading and urine results would not be enough to establish a prima facie case of guilt. The State agreed and declined to file charges.   08/04/2009 200XXXCFXXX185 NO CONVICTION AS CHARGED Felony Uttering a Forged Instrument The Okeechobee County Sheriff’s Office received a complaint in reference to a felony uttering a forged check at a supermarket in the amount of $360. The clerk of the supermarket provided information that the suspect fled in a gray van with Illinois plates. A deputy initiated a traffic stop on a gray van with Illinois plates driven by the Defendant about one mile from the supermarket. Believing the Defendant matched the description of the suspect, the deputy transported the Defendant back to the supermarket for a “show-up.” At the supermarket, the clerk positively identified the Defendant as the person who passed the forged check. The defendant was searched and $360 was found in his pocket. The Defendant remained in jail with no bond because he was not a citizen of the United States. The Assistant State Attorney demanded six months in jail. Defense Counsel drafted legal documents challenging the transportation of the Defendant from the location of the traffic stop to the supermarket. Defense Counsel argued the transportation turned the temporary detention into an arrest prior to establishment of probable cause, thus violating the Defendant’s Constitutional Rights. Based on Defense Counsel’s argument, the case resolved and the Defendant was immediately released from jail.   08/03/2009 200XXXT0XX0789AXX NO CONVICTION AS CHARGED DUI The defendant was driving her truck in Boca Raton when she flipped her car, hitting a mailbox and rolling it into a person’s yard. The owner of the home next to where the accident occurred came outside and saw the defendant in the vehicle pounding on the windshield. Fire Rescue arrived and the defendant told them that she was driving and made a turn and lost control of her vehicle. The officer met with the defendant at the hospital where he noticed that her speech was slurred and her eyes were glassy. The officer asked the defendant if she would consent to a blood test and she agreed. The results indicated that she had Diazepam, Nordiazepam, Oxazepam, Temazepam, Carisoprodol, Meprobamate and Oxycodone in her blood. The Firm took the deposition of the Fire Rescue personell who treated the defendant on scene and on the way to the hospital. The medic’s story conflicted with the officer’s story who requested the blood from the defendant. The Firm filed a motion to suppress the blood results arguing that the officer did not have probable cause that the defendant was under the influence and therefore had no right to request it. The Firm listed the medic as a witness for the defense and he was prepared to testify at the motion to suppress. On the day of the motion, the State of Florida dropped the DUI charge.   07/30/2009 07-2XXX314XXM10A NO CONVICTION AS CHARGED DUI The Defendant was charged with his second DUI within 5 years of a prior conviction, which is punishable by a mandatory jail sentence and 5 year drivers license revocation. The Defendant was stopped by Deputy Sheriff Sebest of the Broward County Sheriff’s Office for driving with the music being played too loud. Upon making contact with the Defendant, the Deputy observed the odor of an alcoholic beverage, bloodshot eyes and slurred speech. The Deputy then noticed an open container of Gin and BVD Beer in the passenger compartment of the Defendant’s vehicle on the front seat. The Defendant then began to urinate in his pants while speaking to the Deputy and became very aggressive. The Deputy was unable to administer roadside exercises as a result of the Defendant’s aggressive behavior and inability to balance. The Defendant was arrested and submitted to the breath test, which resulted in readings of .161 g/210L and .164 g/210L, over twice the legal limit. The firm filed a Motion to Suppress Unlawful Arrest as the Deputy never saw the Defendant behind the wheel of the vehicle. Prior to the hearing on the Motion to Suppress the State conceded the motion and dropped all DUI charges.   07/29/2009 200XXCXXX06X98AXX NO CONVICTION AS CHARGED DUI The Defendant was charged with Driving Under the Influence of Controlled Substances Causing or Contributing Injuring to Person or Property. The Defendant was seen driving slowly and speeding up, not letting the victim pass him. The victim then drove around him and into a different parking lot, rounded a curve and the defendant was in the wrong lane in the parking lot. The defendant crashed his vehicle into the defendant’s vehicle according to the victim. The victim testified that the defendant got out of the car yelling and screaming and slurring his words. He seemed impaired and did not have his “wits about him”. A police officer showed up and saw that the defendant’s eyes were glassy and somewhat bloodshot. He seemed uncoordinated and his speech was slurred. He was very slow in his movements and seemed lethargic. He admitted to taking Alprazolam and handed a bottle of the pills to the officer. There were 16 pills in the bottle which had been filled the day before for 30 pills. During the walk and turn exercises, he lost his balance when he started the task, did not walk heel to toe 5 of the steps and had to be reminded what to do halfway through the task. During the one leg stand, the defendant put his foot down two times and counted to 19 and then said “30”. During the finger to nose task, the defendant held his finger on his nose for a period of about 13 seconds before the officer told him that he was supposed to return it to his side. He then missed his nose on 4 more occasions. The Defendant was arrested for driving under the influence of a controlled substance and was taken to the Breath Alcohol Testing Facility where he agreed to a urine test. The Defendant’s urine came back with Alprazolam and Marijuana in it. The State called a forensic toxicologist to testify who made an opinion that what she witnessed on the video was consistent with someone who would be impaired by Alprazolam and marijuana. The Defense called the defendant’s father who testified that the defendant had taken 14 pills out of his prescription bottle because he was going on a camping trip the next day for 2 weeks. Additionally, the defendant took the stand also to not only tell his side of the story, but so the jury could hear the way in which he spoke as it was similar to the way in which he sounded on the video. The jury returned a verdict of not guilty of Driving Under the Influence Causing or Contributing injury to person or property.   07/29/2009 09-4XX086XXMM10A NO CONVICTION AS CHARGED DUI (Property Damage) The Defendant was stopped at the intersection of I-95 and Sheridan with a cat on her lap. The Defendant proceeded through the green light and the cat jumped out the window of her moving vehicle. The defendant stopped her vehicle and left her vehicle unattended in a lane of traffic with the hazard lights running. A police cruiser then crashed in to the rear of her unattended vehicle while she chased her cat. Upon her return from looking for the cat, a DUI investigator noticed that she had the odor of an alcoholic beverage on her breath, bloodshot eyes, slurred speech, and that she was unsteady on her feet. A DUI investigation ensued and the Defendant performed poorly on roadside exercises on video. The Defendant was arrested for DUI causing property damage and submitted to the breath test resulting in readings of .153g/210L and .152 g/210L. During the Firm’s investigation of this case, the Firm discovered that a video existed reflecting a conspiracy between 5 officers on the scene to unlawfully blame the Defendant for crashing into the officer in order to protect the officer from any civil liability or Departmental discipline. The video the firm found also shows the each of the officers indicating that they would submit false reports, perpetrate a fraud upon the court, suborn perjury and falsify sworn documents. The firm also was able to demonstrate that officers fabricated the entire accident investigation and facts surrounding the initial contact with the client, manufactured false evidence to fit their facts, tampered with evidence and committed perjury. All charges were dismissed after our investigation of this case. This case also garnered national media attention and was featured live on the NBC Today Show, CNN, Inside Edition, Fox News and MSNBC as well as local news outlets.   07/24/2009 200XXXT0XX882AXX NO CONVICTION AS CHARGED DUI The Defendant was driving southbound in the left lane on the Florida turnpike going 40 mph in a 70 mph zone. Other vehicles had to go around her in the passing lane due to her speed. Additionally, she was swerving over the marked solid yellow lane line as well. After being stopped, the officer immediately noticed a strong odor of an unknown alcoholic beverage emanating from the vehicle as she spoke. Her eyes were red, bloodshot, glassy and watery. Her speech was thick and slow and her movements were slow and lethargic. She was asked to perform roadside exercises and consented. During the walk and turn, she swayed side to side. She never walked heel to toe on any steps and at the end she turned around two times. Additionally, she walked backwards down the line instead of forwards. During the one leg stand, she started before being told to, and could not keep her leg up. After performing poorly on the finger to nose exercise as well, the Officer placed her under arrest for DUI. An opened, half full 24 ounce beer can was found in the vehicle after she was arrested. She admitted that she had a beer at home as well. She was transported to the Breath Alcohol Testing Facility where she was observed by the officer for 20 minutes prior to having giving a breath sample. The Defendant gave a breath sample of .081 and .083. The Firm was successful in getting a court order to enter the Breath Testing Facility with a private investigator to take photographs of the holding cell and room in which the observation period was done. The Firm filed a motion to suppress the breath results alleging that the Officer placed the defendant in the locked holding cell for a substantial portion of the 20 minute observation period and therefore the State of Florida did not substantially comply with the Florida Administrative codes prior to requesting a breath sample because the officer (based upon the pictures taken by the Firm’s private investigator) could not have heard her burp or regurgitate or seen her possibly place something in her mouth. On the day before trial, the State dropped the DUI.   07/21/2009 Ct 00XX249XXXX NO CONVICTION AS CHARGED DUI A sheriff deputy noticed a vehicle on River Road approaching the rear of his vehicle at a high rate of speed. As the vehicle closed in on the deputy’s car, the deputy had to swerve his vehicle to the right of the roadway to avoid being struck. As the Deputy swerved, the vehicle swerved into the oncoming lane of traffic, nearly causing a head-on collision. The vehicle then swerved back into the correct lane of travel. The Deputy activated his overhead emergency equipment and attempted to stop the vehicle. The vehicle continued to travel at speeds between 75-85 mph. The vehicle crossed the center line several times almost causing several other accidents. The vehicle finally yielded and came to a stop approximately 7 miles after the deputy activated his lights. As the deputy approached the vehicle, he made contact with the Defendant who was in the driver’s seat. The Defendant had a strong odor of alcoholic beverages on his breath. The Defendant agreed to perform field sobriety exercises. The Defendant attempted to perform the One Legged Stand test 4 times, but could not perform the test for more than three seconds each time. The Defendant also attempted the Finger to Nose test, which indicated clues of impairment. During the alphabet test, the Defendant incorrectly recited the alphabet. The final test was the walk and turn test, which the deputy allowed the Defendant to perform 4 times. During one of the attempts, the Defendant almost fell over causing the deputy to have to catch him. The Defendant was arrested for DUI and requested to take a breath test. The results of the breath test were .228 and .246. The firm raised several issues with the breath test results and the State dropped the DUI charge.   07/20/2009 09XXXT1XX837 NO CONVICTION AS CHARGED No Valid DL The Defendant was charged with Driving with No Valid DL by a Martin County Deputy Sheriff. After an in-depth consultation, defense counsel learned the Defendant was driving on a private road when he was pulled over by the deputy. Defense counsel prepared legal documents contesting the lawfulness of the charge. Florida Law does not require a driver to be licensed when driving on a private roadway. Upon receiving the legal documents, the Assistant State Attorney immediately dismissed all charges against the Defendant.   07/17/2009 200XXXT01XX010AXX NO CONVICTION AS CHARGED Leaving the Scene of an Accident The defendant allegedly made a u-turn and crashed into some hedges and over a curb on Lake Worth Road. According to an eyewitness, the defendant and some other passengers got out of the vehicle and moved the car off the median and drove approximately 500 feet away to a nearby gas station. The eyewitness called the police and they responded to the scene. The defendant was seen exiting the gas station and was charged with Leaving the Scene of an Accident. The Firm hired a private investigator that went to the scene of the “alleged crime”. The investigator took pictures of the scene and contacted a defense witness who was in the car. The investigator drafted a report which showed that the defendant’s tire blew out and he lost control of the vehicle. Additionally, pictures were taken of the scene which depicted the right turn into the gas station as the first and only “safe place” to pull the vehicle over. The officer’s deposition was taken by the law firm and the officer admitted that it was a “reasonable” place to have pulled the car over. The investigator for the firm also measured the distance from the accident scene to the gas station where the defendant pulled over. It was 207 feet and not the 500 feet the officer had estimated in his police report. After providing the State Attorney with this evidence and the information regarding the officer’s deposition, the State dropped any and all criminal charges against the defendant.   07/16/2009 CT00X38XXXXX NO CONVICTION AS CHARGED Racing A Florida Highway Patrol Trooper observed the Defendant and another vehicle traveling on I-4. Both vehicles then began to rapidly accelerate in an apparent attempt to out-gain one another. The Trooper sped up in attempted to catch up to the vehicles. Once the Trooper closed in on the vehicles, he attempted to pace the speed of the vehicles and estimated it to be 30 mph above the speed limit. The Trooper then initiated a traffic stop on both vehicles and issued them tickets for Racing. The case was set for trial by the firm and on the day of trial, the State dropped the Racing charge.   07/14/2009 09CXXX12XX02AXX NO CONVICTION AS CHARGED DUI The Defendant was traveling northbound on the turnpike. An off duty Miami-Dade police officer contacted FHP advising that the Defendant’s vehicle was “all over the road” so much so that traffic was unable to pass. An FHP trooper traveled to the area and observed the Defendant unable to maintain a single lane, drifting across the roadway. After initiating a traffic stop, the trooper noticed an odor of an alcoholic beverage coming from the Defendant. The Defendant performed poorly on the field sobriety exercises; most notable to the trooper, the Defendant was unable to maintain one leg in the air for more than 3 seconds. Defense counsel demanded a trial. The Assistant State Attorney dismissed the DUI charge instead of going to trial.   07/13/2009 08CXXT34XX54AXX NO CONVICTION AS CHARGED DUI A Port St. Lucie police officer alleged she saw the Defendant make a wide right turn onto Port St. Lucie Blvd and begin swerving across all three lanes of traffic. The police officer then claimed she observed the Defendant almost hit a curb and guardrail twice. A sergeant, who was traveling the opposite direction of the Defendant, claimed the Defendant was driving “all over the road.” Upon making a traffic stop, the officer said the Defendant appeared confused and disoriented. The Defendant had a strong odor of alcohol and admitted to having “a couple.” The Defendant presented his registration to his boat instead of his car. The Defendant performed poorly on the field sobriety exercises. Defense counsel was able to retrieve the officer’s in car video which depicted a driving pattern far different then what the officer alleged in her police report. Defense counsel prepared legal documents to suppress the traffic stop. At the suppression hearing, defense counsel brought to the surface the many inconsistencies in the testimony of the State’s witnesses, thereby persuading the judge to rule that the sergeant “does not have an accurate memory” and the arresting officer “was not credible.” The judge ruled in favor of the Defendant and all charges were dropped.   07/06/2009 200XXM0XXX76XXAXX NO CONVICTION AS CHARGED Petty Theft The Police responded to Walmart after a woman called in claiming the defendant had stolen her son’s cell phone and would not give it back until she gave him $40.00. The officer located the defendant and saw him walking towards the store exit and past the cashier. The defendant appeared very nervous and had a visible bulge in the waste band under his shirt. The officer patted down the defendant for the presence of weapons and found a plastic wrapper hanging out of his right pants pocket. The bulky area around the defendant’s wasteband was three pairs of new boxer shorts. The defendant then stated “I needed some fresh underwear, but didn’t have any money.” He was then placed under arrest for Petit Theft and taken down to the police station. The Firm filed a motion to suppress alleging that the officer’s initial pat down was illegal in that the officer did not have a specific articuable suspicion that the defendant was armed with a dangerous weapon. Additionally, our Firm argued that even if the Officer did have a right to pat the defendant down for weapons, the Officer could not go and retrieve what was later found to be underwear and boxer shorts because it was not readily apparent that the object was a dangerous weapon. The State Attorney’s Office agreed to the motion to suppress and conceded that the search was illegal. The Court granted the motion and then dismissed the charges against the Defendant.   07/02/2009 20XX-MXXM-X4XX91 NO CONVICTION AS CHARGED DUI The defendant was stopped for going 72 in a 45 mph zone. When the officer approached the driver, he noticed an odor of alcohol, bloodshot eyes, and slurred speech. The officer asked for his driver\'s license, and when he produced it, the officer claimed that it was not him. The defendant became furious and pulled out multiple forms of ID and threw them on the ground. The officers began to argue with him and he said \"I don\'t give a s**t, just take me to jail.\" At that point he was arrested and taken to the breath testing station. He refused to provide a breath sample and was taken to jail. On the way to jail, our client called the officer a fa**ot, loser, and blew kisses at him. The State dismissed the DUI charge.   06/29/2009 08-XX1XXX24MXX10A NO CONVICTION AS CHARGED DUI The Defendant was charged with his second DUI within 5 years of a previous DUI conviction. This type of DUI offense is punishable by a mandatory 10 day jail sentence and a 5 year driver’s license revocation. The Defendant was seen driving erratically in the City of Coconut Creek and continued driving in that manner into the City of Margate. The Defendant was stopped by a Coconut Creek Police Officer and pulled into a shopping center parking lot after being stopped. The officer noticed the Defendant to have the odor of an alcoholic beverage; bloodshot watery eyes; slurred speech; and a slow and lethargic demeanor. The defendant was asked to do roadside sobriety exercises and performed poorly. The defendant then refused to submit to a breath test. The Firm filed several Motions to Suppress the Traffic Stop and the Refusal to Submit to Testing. The State dropped all DUI charges and the Firm’s Motion to Dismiss the criminal charge of Refusal to Submit to testing and was granted, resulting in a dismissal of that Charge.   06/29/2009 09MXXM1XXX108 NO CONVICTION AS CHARGED DUI A police officer on foot patrol heard the loud music coming from the Defendant’s vehicle and ordered him to stop. The officer noticed a strong odor of alcohol on the defendant. A DUI enforcement officer was called to the scene and instructed the Defendant to perform the field sobriety tests performed poorly on the tests and was arrested. Defense counsel prepared a legal documents to Suppress the stop by the initial officer. The DUI charge was dismissed.   06/24/2009 09CXX18XXX04A NO CONVICTION AS CHARGED No Valid Driver’s License The Defendant was pulled over and found to be driving without a valid driver’s license. After defense counsel spoke with the Assistant State Attorney, all charges were dropped.   06/22/2009 09-XX617XXX9MM10A NO CONVICTION AS CHARGED Possession of a Prescription Drug without Prescription The defendant was stopped by Broward Sheriff’s in the City of Weston. The Defendant was asked to produce her driver’s license. While doing so, the Deputy noticed pills inside the Defendant’s purse that were not in a pill bottle. The pills had just been obtained by the Defendant from her mother for pain relief for a diagnosed medical condition immediately before the traffic stop. The Firm was able to present evidence that the pills were lawfully obtained from the Defendant’s mother and were lawfully prescribed. The State dropped all charges.   06/19/2009 08-XX28XX3MXX10A NO CONVICTION AS CHARGED DUI The Defendant was charged with DUI causing injury with a blood alcohol level exceeding .20 g/210L. The Defendant crashed into 2 other vehicles causing one to roll over. The Defendant remained in his vehicle after the crash and the officer noticed that the defendant was confused and dazed. The officer stated he did not notice the odor of alcohol, bloodshot eyes or slurred speech. The Defendant was then taken to an ambulance and admitted to consuming three glasses of wine to the EMT in the ambulance. The officer’s ordered that the Defendant’s blood be drawn by the EMT. The blood reading was over 4 times the legal limit, .265g/210L. The firm filed a Motion to Suppress the Blood Sample based on the fact that the officer acted unlawfully in obtaining it and based on the fact the officer had no reasonable suspicion to even ask for a DUI Blood Sample. The State dropped all DUI charges before the hearing and felt that our Motion was well-taken.   06/19/2009 09CXXTXXX28A NO CONVICTION AS CHARGED DUI A Martin County Deputy observed the Defendant driving his large truck. According to the deputy’s police report, the Defendant vehicle was drifting in its lane causing the tires to touch the center and outside lines. At one point, the deputy stated he witnessed the Defendant’s vehicle nearly hit a guardrail, and then make a wide right turn. The Defendant had a strong odor of alcohol, slurred his speech, appeared dazed, confused and moody and performed poorly on the field sobriety tasks. The Defendant provided a breath sample of 0.111 and 0.103. Defense counsel was able to retrieve the deputy’s in car video which depicted a driving pattern far different then what the deputy alleged in his police report. Defense counsel prepared legal documents to suppress the traffic stop. The DUI charged was dropped.   06/16/2009 200XXXT0XXX519AXX NO CONVICTION AS CHARGED DUI The defendant was seen by a citizen witness swerving all over the road. The citizen informed a police officer who was assisting a disabled vehicle. That officer then followed the defendant as he swerved all over the road and into the bike lane. The officer activated her emergency lights and the defendant pulled into a McDonalds parking lot and ran a stop sign before stopping the vehicle. The officer approached the car and noticed an odor of alcohol coming from the defendant\'s breath, red bloodshot and glassy eyes as well as his speech being slurred. She asked where he was going and he stated \"she was singing\". A DUI officer arrived on scene and asked the defendant to exit his vehicle. The defendant had to use the door for support and held on the car as he staggered and prevented himself from falling over. The defendant was asked to perform roadside exercises. During the walk and turn he never walked heel to toe, did not walk on the line at all, made an improper turn and used his arms for balance the whole time. During the one leg stand he could not keep his leg up for more than four seconds and could not complete the task. During the finger to nose task, the defendant touched his lip instead of his nose, used the wrong hands when called (used the right when the left was called and use the left when the right was called) and swayed back and forth. During the alphabet task, the defendant sang it even though he was told not to. After being arrested the defendant stated in the patrol car that he \"should not have been driving and it was a slip\". At the breath alcohol testing facility, the defendant admitted on video to having one beer at home and then changed his story to having two beers. He continued to tell the officer that he had very low blood sugar and needed his medicine and food to get his blood sugar up. Our firm argued to a jury that the State could not prove the defendant was under the influence of alcohol but rather that his performance and demeanor related to his medical condition. The jury returned a verdict of not guilty for Driving Under the Influence.   06/15/2009 08-160XX47XXM10A NO CONVICTION AS CHARGED DUI The Defendant was stopped by a Broward Sheriff’s Deputy for speeding and driving with his bright lights on. Upon making contact with the Defendant, the Deputy noticed that the Defendant had the odor of an alcoholic beverage, slurred speech, and glassy eyes. The Defendant told the officer that he was coming from his house and later from the beach. The Defendant admitted to consuming one beer. The Defendant was asked to do roadside exercises at the time of the traffic stop and at the police station. He performed poorly during all exercises. The Defendant refused the breath test. The firm defended the case by asserting that a reaction to medication coupled with the defendant’s hypertension caused the defendant to appear to be impaired, but not the alcohol. Furthermore, the Firm argued that the officer lacked credibility because he failed to videotape his investigation and the Defendant testified to a different version of events than did the officer. The Defendant was found not guilty of DUI by a jury after trial.   06/15/2009 09MXX89XXX3A NO CONVICTION AS CHARGED DUI The Defendant was clocked traveling 75 MPH in a 45 MPH zone. The officer noticed a strong odor of an alcoholic beverage coming from the Defendant. The Defendant had difficulty in focusing on simple requests by the officer and admitted to consuming alcohol. The Defendant performed poorly on the field sobriety exercises almost falling at one point. At the breath alcohol testing facility, a video camera captured the Defendant’s pants falling to his ankles as he was standing. The Defendant’s breath readings showed impairment. Defense counsel demanded a trial. The State dismissed the DUI offense instead of going to trial.   06/12/2009 09-00XXX9XXC10A NO CONVICTION AS CHARGED Felony DWLS/R The Defendant was charged with felony driving on a suspended license because she was a habitual traffic offender. Through the firm’s investigation of the facts and circumstances surrounding the Defendant’s arrest and an investigation into the Defendant’s DHSMV file, it was shown that the defendant had no knowledge or notice that she had been classified as a habitual offender, a required element that must be proven by the State to charge this felony offense. All of this evidence was presented to the State Attorney before trial and the State dismissed all charges against the Defendant.   06/11/2009 200XXXT0XXX55AXX NO CONVICTION AS CHARGED Racing The Defendant was stopped for racing with another vehicle. He was observed by the police officer driving in speeds over 100 miles per hour on West Okeechobee Blvd. with another vehicle \"racing\" the other car. The State considered amending the charge to a Reckless Driving but our firm pointed to the traffic citation which would not have supported a factual basis for Reckless Driving. The firm filed a motion to dismiss the Racing charge due to the fact that the Racing Statute under Florida law has been declared unconstitutional as it is \"void for vagueness.\" The Judge heard the motion and granted it. The Racing charge was dismissed.   06/10/2009 CT0064XXXX NO CONVICTION AS CHARGED Racing The Defendant’s vehicle was observed stopped at a red light. Upon receiving a green light, the vehicle abruptly accelerated from the stopped position. The vehicle broke traction with the ground and chirped the tires when shifting from 1st to 2nd gear. The vehicle was traveling at a high rate of speed well above the speed limit. The Defendant then made a U-turn and proceeded at a high rate of speed toward a parking lot. The Defendant was charged with Criminal Exhibition of Speed (a violation of the Racing statute). After speaking with the Assistant State Attorney regarding the facts and the applicable law, the firm was able to convince the State Attorney to dismiss the charge.   06/09/2009 200XXT0XXX521AXX NO CONVICTION AS CHARGED DUI The defendant was driving his van when the officer noticed that the vehicle was shifting back and forth within its lane several times. The van rode on the lane markers on one side of the lane for several hundred feet, then moved to the other lane and rode on that lane marker. The officer followed the van where it continued to drive in this manner the entire time weaving from side to side. The officer stopped the defendant’s vehicle and noticed that the driver had red, blood-shot eyes and had a strong odor of alcoholic beverage coming from his breath. The defendant admitted to the officer that he had three beers and was coming from the moose lodge. He also stated that he was under the influence, but not so much that I can\'t drive. The defendant could not perform the one leg stand because he could not stand on one foot, did not follow directions during the finger to nose exercise and took an incorrect number of steps on the walk and turn exercise. The officer arrested the defendant for driving under the influence and the defendant was taken to the Breath Alcohol Testing Facility where he refused to submit to a lawful test of his breath to determine the alcohol content. On the day of trial, the State dropped the DUI charge.   06/08/2009 08-XX835XXXM10A NO CONVICTION AS CHARGED